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(영문) 서울고등법원 2019.11.08 2019나2018899
재임용탈락처분 무효확인 등
Text

1. The judgment of the first instance, including the primary claim and the additional preliminary claim altered at the trial.

Reasons

Basic Facts

The defendant is a school juristic person operating C University, etc.

On March 1, 2009, the Plaintiff was newly appointed as a full-time lecturer at the pharmacy department at Cuniversity, and on March 1, 201, the Plaintiff was promoted as an assistant professor (on March 1, 2011, from March 1 to February 28, 2015).

On October 31, 2014, the Plaintiff received the Defendant’s “Guidance on the Establishment of Information and Documents about Persons subject to Review of Appointment of Promotion and Age Limit,” and “Guidance on the Submission of Information and Documents on Persons subject to Review of Re-Contract” (hereinafter “Information and Information”). On November 17, 2014, the Plaintiff submitted to the Defendant a performance record and research list, etc. along with an application for review of re-contract.

On November 26, 2014, the Defendant notified the Plaintiff that the Plaintiff failed to perform the research activities necessary for re-contract. On December 15, 2014, the Cuniversity Teachers Personnel Committee decided to appoint the Plaintiff as an associate professor for one year on the condition that the Plaintiff’s research institute failed to meet the minimum research activities required for the promotion of associate professors.

On December 30, 2014, the Defendant notified the Plaintiff that he/she decided to appoint the Plaintiff as an assistant professor with a working period of one year (from March 1, 2015 to February 29, 2016). Accordingly, the Plaintiff entered into a one-year assistant professor appointment contract with the Defendant on March 1, 2015 (hereinafter “the appointment contract with the Defendant on March 1, 2015”), and did not enter into a contract for the appointment of the Plaintiff as an associate professor.

[2] The Plaintiff’s notification as of December 30, 2014 (hereinafter the foregoing notification as of December 30, 2014 is ordered to the effect that the Plaintiff issued an order of rejection of the associate professor’s position as of February 28, 2015 to the effect that the Plaintiff did not enter into a promotion agreement with the Plaintiff on March 1, 2015, and it cannot be deemed that the Defendant rendered a disposition of rejection of the associate professor’s position as of February 28, 2015, and the Defendant’s notification as of December 30, 2014 to the Plaintiff on December 30, 2014.

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