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(영문) 대구고등법원 2014.08.20 2013나5382
재임용거부처분 무효확인 등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The following facts may be found either in dispute between the parties, or in Gap evidence Nos. 1 through 9, 12 through 18, and Eul evidence No. 1 (including the number when it is not specially indicated; hereinafter the same shall apply), with a comprehensive consideration of the whole purport of the pleadings, and there is no counter-proof.

The defendant is an educational foundation that establishes and operates a C University, and the plaintiff is a person who entered into an employment contract with the defendant on March 1, 2008 to February 28, 2010 and served as a full-time lecturer in the hotel management department at C University Tourism University.

B. On October 30, 2009, four months prior to expiration of the term of appointment for the Plaintiff, C University notified the Plaintiff of the preparation and submission of an application for examination of reappointment by November 13, 2009. The Plaintiff prepared an application for examination of reappointment of teachers within the said period and submitted it to C University.

C. On November 30, 2009, the Defendant dismissed the Plaintiff on the ground that “The Plaintiff consulted with the Vice-President of C University, thereby reconcing the order of evaluation on the Plaintiff, and submitted the documents, such as school documents, to the Defendant board of directors, which were unlawfully prepared, led the Plaintiff to be appointed by himself, thereby hindering the Defendant’s new appointment of teachers through fraudulent means.”

On February 22, 2010, the Plaintiff dissatisfied with the above disciplinary action and filed a request with the Appeal Committee for Teachers for the revocation of the above disciplinary action against the Plaintiff. On the ground that the Appeal Committee for Teachers did not recognize grounds for disciplinary action against the Plaintiff on February 22, 2010, the Defendant revoked the above dismissal disposition against the Plaintiff on March 16, 2010, and on the other hand, the Defendant issued a personnel notice to the Plaintiff on February 28, 2010, stating that “the Plaintiff shall be appointed to the hotel management department and full-time lecturer at C University until February 28, 2010,” and paid the Plaintiff benefits corresponding to the above dismissal disposition until February 28, 2010.

Defendant 2 thereafter held.

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