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(영문) 대전고등법원 2017.05.11 2016나15486
임금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. The Defendant is an educational foundation that established and operated B schools which are “Variouss of schools” under Article 2 subparag. 7 of the Higher Education Act and C cyber colleges which are “cyber college-type lifelong educational facilities” under Article 33(3) of the Lifelong Education Act.

The plaintiffs are associate professors or assistant professors working for the schools B.

B. The Minister of Education, Science and Technology (the Minister of Education succeeded to human resources development policies, school education, lifelong education, and academic affairs among the duties under the jurisdiction of the Minister of Education, Science and Technology pursuant to Article 29(1) of the Government Organization Act (amended by Act No. 12114, Dec. 24, 2013) and Article 3 of the Addenda; hereinafter “the Minister of Education”) issued an order to correct the following: (a) as a result of a comprehensive audit against the Defendant in 2012, the Minister of Education issued an order to take measures such as 42 cases of social status, 9 administrative measures, and 6 financial measures.

The defendant applied for the authorization of the self-harm school of B through the resolution of the board of directors, and on May 29, 2013, the Minister of Education abolished the B school on August 31, 2013.

C. On August 23, 2013, the Defendant notified the Plaintiffs that the appointment contract is terminated on August 31, 2013, according to the closing school of B school.

Plaintiff

The rest of the plaintiffs except D filed an appeal review with the Appeal Commission for Teachers, and on November 13, 2013, the Appeal Commission for Teachers revoked the appointment contract termination disposition on the ground that there is a serious procedural defect not subject to the resolution of the board of directors at the time when the defendant notifies the termination of the appointment contract.

On March 10, 2014, the Defendant notified the faculty members of the B School of their tenure to apply for the change of occupation into the C cyber university. Upon receiving the application for change of occupation from the Plaintiffs other than Plaintiff E, the Defendant requested the above Plaintiffs to examine the change of occupation on April 8, 2014. However, the Defendant received replies from the C cyber university to the effect that the change of occupation is inappropriate.

E. The Defendant on June 26, 2014

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