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(영문) 대전지방법원천안지원 2013.06.18 2012가합7116
재임용거부 처분 무효 확인 등의 소
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 1, 2006, the Plaintiff was newly appointed as a full-time lecturer at C University operated by the Defendant (hereinafter “instant University”) and was promoted as a department D branch D assistant professor on March 1, 2009, and the Plaintiff has undergone an examination for reappointment of the Defendant every one year since the appointment of the Plaintiff.

B. The president of the university of this case stated the No. 7 of Jan. 28, 201, the date of enforcement, as of Jan. 28, 2010, which took precedence over the faculty members of the university of this case on March 1, 201, on January 28, 201, but appears to be a clerical error.

The Plaintiff proposed to the Defendant a proposal for the personnel management of teachers for a two-year period from March 1, 2011 to February 28, 2013.

On February 8, 2011, the Defendant’s board of directors stated that the Plaintiff’s term of appointment as assistant professor was two years from March 1, 2011 to February 28, 2013 (hereinafter “instant resolution by the board of directors”) was defective, and the Defendant notified the president of the instant university of the aforementioned resolution on February 21, 201.

C. However, as a result of the Defendant’s inspection on the instant university conducted from May 16, 201 to May 20, 201, the term of the appointment of five assistant professors, including the Plaintiff, was changed from the former one year to two years. The Defendant demanded the president of the instant university to correct the said matters on July 21, 201.

On August 12, 2011, the president of the University again proposed a proposal for the personnel management of faculty members on March 1, 201, when the term of appointment of the Plaintiff was one year from March 1, 2011 to February 28, 2012.

On August 23, 2011, the Defendant’s board of directors stated that the term of employment for the Plaintiff was one year from March 1, 2011 to February 28, 2012, and the Defendant notified the president of the University of the above resolution on August 29, 201.

E. On October 21, 201, the Defendant notified the Plaintiff of the fact that the period of reappointment expires as of February 28, 201, and thus, the Plaintiff submitted individual records for the assessment of teacher qualification from November 1, 201 to November 15, 201 when the Plaintiff wishes to be reappointed. Accordingly, the Plaintiff is so notified.

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