Plaintiff

School Foundation and the Doctrine Institute (Attorney Lee Dong-hwan et al., Counsel for the defendant-appellant)

August 20, 2003

Jeonju District Court Decision 2002Gahap1453 delivered on November 28, 2002

1. The plaintiff's appeal is dismissed.

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

The judgment of the first instance is revoked. The defendant's decision to exclude the appointment of fixed-term teachers against the plaintiff on August 27, 2002 is invalid. The defendant will pay to the plaintiff 4,468,03 won each month from September 1, 2002 to the time the plaintiff is reappointed as teachers of the Western University.

1. Basic facts

The following facts are not disputed between the parties, or there is no other counter-proof as to Gap evidence 1, Gap evidence 3 and 4-1, 2, Eul evidence 1, Eul evidence 3, Eul evidence 4, Eul evidence 8, and the whole purport of the pleading.

A. Nonparty 1 was a school foundation established under the Private School Act, and established and operated a military junior college under its jurisdiction. However, on March 1, 1984, the Plaintiff was promoted to the professor of Computer Information Technology Department, whose term of office is six years, while the Plaintiff was appointed as a full-time lecturer at the above military junior college on March 1, 1984.

B. Meanwhile, the defendant corporation, a school foundation established on June 30, 2001, decided to establish and operate the Seonam University (the name of the school shall be referred to as the "Seonam University"), and as part of the necessary facilities, acquired the above military, industrial, and buildings owned by the above military, industrial, and buildings owned by the above military, and newly appointed persons with authority to appoint the above military, industrial, and academic, teachers, and general employees of the above military, military, and junior colleges. The term of employment was guaranteed only until the appointment period by the articles of incorporation of the above military, and the term of employment was guaranteed.

C. The plaintiff's expiration date (the last day of a semester (the last day of February and the last day of August) to which the expiration date belongs is deemed to be the expiration date of the term of appointment, and the plaintiff's expiration date is deemed to be August 31, 2002) who continued to serve as a professor at the above Western junior college in accordance with the above appointment and guarantee of the term of office, was multilateral, and the defendant corporation held a teachers' personnel committee on August 12, 2002 before the expiration date of the term of appointment, and decided not to appoint the plaintiff as a professor at the above Western junior college, and notified the plaintiff of the result on the same day after the resolution of the board of directors of the defendant corporation on August 27, 2002.

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion

As of April 1, 1996, the Plaintiff had already been promoted to and appointed as professor at the above military junior college and the retirement age was guaranteed, and thereafter, the Defendant corporation appointed as professor at the above military junior college and junior college. Under Article 39(2) of the Articles of incorporation of the Defendant corporation and Article 17(1) of the Rules on the Personnel Management of the Defendant Corporation, since the professor’s status is guaranteed up to the retirement age, the Defendant corporation cannot determine whether to be reappointed to the Plaintiff who is a professor, the Plaintiff was deemed to be a 6-year fixed-term teacher and refused to be reappointed. ② Under Article 17(2) of the Rules on the Personnel Management of the Defendant corporation, the Plaintiff was required to notify the relevant teacher 30 days prior to the expiration of the term of appointment, but the Defendant corporation did not receive an average of the Plaintiff’s wages from 200 days prior to the expiration of the term of appointment to 30 days prior to the expiration of the term of appointment from 200 to 27 August 27, 2002.

B. Determination

(1) Determination as to the legitimacy of the lawsuit seeking nullification of the claim

Article 53-2 (3) of the Private School Act provides that the term of office of the above school juristic person shall be reduced to the expiration of the term of office, unless there is any provision that provides that the above school juristic person shall be reappointed by the articles of incorporation or personnel regulations of the above school juristic person. The remaining term of office of the school juristic person shall be changed to the remaining term of office of the 2-year term of the 3-year term of the 19-year term of the 2-year term of the 2-year term of the 3-year term of the 2-year term of the 2-year term of the 3-year term of the 2-year term of the 2-year term of the 2-year term of the 3-year term of the 1-year term of the 2-year term of the 3-year term of the 1-year term of the 3-year term of the 1-year term of the 1-year term of the 2-year term of the 1-year term of the 1-year term of office.

(2) Determination as to a claim for payment of wages

The plaintiff sought a payment of wages from the expiration of the term of office to the date of reappointment on the premise that the status as a teacher of the defendant corporation remains in existence. However, as recognized above, the plaintiff lost his status as a teacher of the defendant corporation on August 31, 2002 after the expiration of the term of office. Therefore, the plaintiff's above assertion is without merit without further review.

3. Conclusion

Therefore, the part of the claim for nullification of the exclusion from the appointment of temporary teachers among the lawsuit in this case is unlawful, and it is dismissed as there is no ground for the part of the plaintiff's claim for the payment of the salary, and the judgment of the court of first instance is justified and it is so dismissed as it is so decided as per Disposition.

Judges Cho Jong-ok (Presiding Judge)