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(영문) 서울중앙지방법원 2021.03.26 2020가단5136095
손해배상(기)
Text

The defendant shall pay 65,052,052 won to the plaintiff and 12% per annum from May 29, 2020 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Defendant is a school juristic person operating D University in Sungsung City C.

B. On March 1, 2007, the Plaintiff was newly appointed as a full-time lecturer in the English language of D University and a full-time lecturer, and was promoted to a distribution management department and an assistant professor in the semester in February 2014. On March 1, 2017, the Plaintiff was reappointed as an assistant professor in the distribution management department and an assistant professor (the term of appointment from March 1, 2017 to February 28, 2018).

(c)

On November 16, 2017, the Plaintiff filed an application for deliberation on the reappointment of an assistant professor with D University. However, on December 7, 2017, the Personnel Committee for the Faculty Members of D University deliberated on the rejection of reappointment on the ground that the Plaintiff falls short of the evaluation scores for reappointment. On December 20, 2017, the Plaintiff filed an objection with the Personnel Committee for the Faculty Members of D University. However, on December 20, 2017, the Personnel Committee for the Faculty Members of D University deliberated on the rejection of reappointment on December 26, 2017.

(d)

On December 29, 2017, the defendant decided to refuse to be reappointed to the plaintiff.

E. On January 26, 2018, the Plaintiff filed an appeal review with the Appeal Committee for Teachers seeking revocation of a decision to reject reappointment. On April 11, 2018, the Appeal Committee for Teachers revoked the said decision to reject reappointment.

F. The Defendant filed a lawsuit with the Seoul Administrative Court seeking the revocation of its decision under the above E (2018Guhap 71120), but was sentenced to a judgment against the Plaintiff on June 27, 2019, and appealed to the Seoul High Court (2019Guhap 7756), but was sentenced to a judgment dismissing an appeal on January 9, 2020, and thereafter the judgment of the Seoul Administrative Court became final and conclusive.

G. When the Plaintiff requested the Defendant to proceed with the procedure for reappointment pursuant to the above judgment, the Defendant was reappointed as an assistant professor in exclusive charge of distribution management of D University and foreigner lectures on March 13, 2020.

【Ground Gap】 Evidence Nos. 1, 2, 3, and 4, the purport of the whole pleadings

2. Determination

A. In the administrative case finalized prior to the occurrence of the liability for damages, the Defendant recognized that the decision to refuse the reappointment of the Defendant on December 29, 2017 was unlawful, and thus, the Defendant is the Plaintiff.

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