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(영문) 춘천지방법원 2014.10.10 2012구합1011
학칙개정취소 및 총장임용추천절차무효확인
Text

1. All of the plaintiffs' claims are dismissed.

2. The Defendant’s amendment to the school regulations of the C University on March 30, 2012 is unlawful.

3...

Reasons

1. Facts of recognition;

A. The Plaintiff, as a professor of C University (hereinafter “C University”), was registered as a candidate for the election of the 10th president of C University, as the professor of the 10th president of C University, and the Plaintiff B is a professor of C University Egs Egs, Young language, and was a member of C University’s Egs Egs and Egs, not later than April 25, 2012, prior to the amendment of the school regulations of C University.

B. On November 21, 2005, and November 22, 2005, the C University and “CF University” (hereinafter “CF University”) drafted the former FF University’s “CFU MOU MOU MOU MOU MOU MOU MO.” The main contents thereof are as follows: “To contribute to the development of regional industries by promoting differentiated specialization by campingus, combining national universities within the Gangwon-do National University as of March 1, 2006 in order to promote the establishment of a 1Do 1 national university system in the Gangwon-do National University, and the name of the integrated university shall be C University as of March 1, 2006; the name of the integrated university shall be D campus and Ebcus in the 2 campus system in one university.”

C. Article 24(3)2 of the former Public Educational Officials Act (amended by Act No. 11690, Mar. 23, 2013; hereinafter “former Public Educational Officials Act”) adopted the president recruitment system in accordance with “the method and procedure agreed upon by the faculty members of the relevant university.”

However, the Ministry of Education, Science and Technology (the current Ministry of Education, hereinafter “Ministry of Education”) designated national universities as “national universities with priority in structural reform,” which were assessed as the lower 15 per cent on September 23, 201 in order to enhance the competitiveness of national universities and encourage their own structural reform. C universities were designated as one of them.

Accordingly, on December 9, 201, the Ministry of Education, Science and Technology and C University drawn up a “MOU for the promotion of structural reform” (hereinafter “instant MOU”). The main contents thereof are “(1) The University shall abolish the current presidential election system and shall introduce a new election method rather than that of the future election.”

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