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(영문) 서울행정법원 2017.05.26 2016구합68137
교원소청심사위원회결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.

Reasons

On March 1, 200, the Plaintiff (hereinafter “instant school juristic person”) was appointed as a computer information and a full-time lecturer at B University (hereinafter “E University”) established by the school juristic person C (hereinafter “instant school juristic person”) on March 1, 200, and was changed to “E University,” and changed to the current name; hereinafter “instant University”) and was promoted as an assistant professor on March 1, 2001, and was appointed as an associate professor on March 1, 201, and served until February 29, 2016.

On November 8, 2013, the Plaintiff was sentenced to a fine of KRW 5 million as a crime of violating the Fraudulent and Specialized Credit Financial Business Act with respect to the criminal facts listed in attached Table 1, such as the defraudation of money and valuables from the Daegu District Court during the promotion of specialized university projects. The judgment became final and conclusive around that time.

(Seoul District Court 2013No918). On October 12, 2015, the Intervenor notified the Plaintiff that his re-contract employment expires on February 29, 2016, and the Plaintiff filed an application for reappointment with the Intervenor.

However, on December 29, 2015, the Intervenor notified the Plaintiff of his refusal to be reappointed on the following grounds:

(2) On January 1, 200, the Plaintiff violated the following provisions: (a) the Plaintiff, as indicated in [Attachment 2]’s “the current status of plagiarism”, was found to have been plagiarism; and (b) Part 6 of the thesis published in the college thesis book from 2000 to 2012 was found to have been plagiarism; and (c) Part 6 of the plagiarism thesis was submitted as the results of re-examination, promotion examination, and teaching evaluation; and (d) the Plaintiff violated Article 49(2) of the Articles of incorporation; (c) the “matters concerning academic research” as stipulated in Article 24 of the Teachers Personnel Management

(2) On November 8, 2013, when the Plaintiff is appointed as an associate professor, the Plaintiff obtained the national subsidy from the Daegu District Court on November 8, 2013 and was sentenced to a fine of KRW 5 million (2013No918), Article 49(2) of the Articles of Incorporation, Article 24 of the Teachers Personnel Management Regulations, and comply with other education-related Acts and subordinate statutes.

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