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(영문) 부산지방법원 2019.01.30 2018가합42234
전보발령등무효확인
Text

1. We affirm that the Defendant’s order of transfer of the Plaintiff on November 15, 2017 against the Plaintiff is invalid.

2. The plaintiff's remaining claims.

Reasons

Basic Facts

The Defendant is a school foundation that operates the C University (hereinafter referred to as the “instant University”), and the Plaintiff is a full-time lecturer at the instant university from March 1, 200, who served as a full-time lecturer at the instant university from March 1, 200, and was promoted to a professor who guarantees sanitation and retirement age on September 1, 2016

The students of the university of this case submitted a letter of commitment to the Plaintiff’s improper behavior due to the Plaintiff’s sound, and the Defendant received it on April 20, 2017.

On April 21, 2017, the defendant held the University Education Committee of this case, and conducted surveys to verify facts for dental hygiene and students on the same day.

On April 24, 2017, the defendant held a fact-finding committee against the plaintiff, and conducted a survey on dental hygiene and the first-year survey that did not comply with the previous survey on the same day.

On April 25, 2017, the university teachers personnel committee of the instant case deliberated on disciplinary action against the Plaintiff, and the president of the university proposed disciplinary action against the Plaintiff on April 26, 2017.

On April 27, 2017, the Defendant requested the teachers’ disciplinary committee of the instant university to make a disciplinary resolution against the Plaintiff. On July 21, 2017, the said committee decided to suspend the Plaintiff from office for three months, and the Defendant issued a disposition of suspension from office for three months on August 4, 2017 to the Plaintiff.

On September 1, 2017, the university of this case enacted the regulations on the enforcement of the Regulations on the Settlement of Teachers' Status (hereinafter referred to as the "Rules on the Settlement of Status"). The main provisions were as stated in the attached Form, and the said regulations were enforced on the same day.

On August 4, 2017, the Plaintiff filed an appeal review with the Appeal Committee for Teachers on the three-month disposition of suspension from office, and on November 1, 2017, the Appeal Committee for Teachers decided to revoke the said disposition on the ground that the Defendant violated Article 53-2 (1) 1 of the Private School Act by taking a disposition of suspension from office corresponding to the appointment of a teacher without the resolution of the board of directors.

The head of the department of dental hygiene and department of this case shall be the plaintiff from November 1, 2017 to the next day.

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