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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant is a school foundation that establishes and operates C University. On December 1, 2002, the Plaintiff was newly appointed as a one-year contract assistant professor of the said Department of Digital Video, which was newly appointed on or around February 1, 2004, and the contract was renewed on or around February 1, 2004; two years from March 1, 2004 to February 28, 2006; 43,100,000 won per annual salary as annual salary system shall be paid in equal installments; the annual salary contract shall be paid in 3,591,660 won per month; and the annual salary contract shall be concluded in every academic year according to “the 25th day of each month’s annual salary and the base date for reappointment; the Plaintiff shall be dismissed from office by two months before the expiration of the contract; and the contract for the appointment of teachers shall be made in accordance with the automatic appointment contract for each of the above 303,036,000 won (the remaining salary grade and salary of each case shall be changed).
B. After that, the judgment of the court below (Seoul High Court 2008Na35687) and the court of final appeal (Supreme Court 2009Da9096) became final and conclusive on April 28, 2009, on February 14, 2008, that "the dismissal disposition is null and void, and it is confirmed that the plaintiff is in a position of fair review as to whether he will be reappointed as an assistant professor or a fixed-term teacher."
C. Nevertheless, on September 23, 2009, the Plaintiff filed a lawsuit against the Defendant seeking confirmation of the status of assistant professor and payment of wages and consolation money due to unfair dismissal (Seoul Central District Court 2009Gahap10898) and the appellate court (Seoul High Court 2010Na92034) on March 9, 2012.