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(영문) 부산지방법원 2013.05.24 2012구합5696
학칙개정처분무효확인
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The plaintiff shall be the professor of the National University, who is a professor of the National University.

From June 21, 2012 to June 28, 2012, the Presidential Council of Professors of B University held that the president's selection method was 87.6% of the voting rate and 58.4.4% of the opinion on the maintenance and improvement of the direct election.

Of the school regulations of B University before amended on August 2, 2012, the contents relating to the instant case are as follows:

Article 10 (Presidents) The president shall exercise overall control over the academic affairs, supervise his/her school personnel, guide students, and represent the principal school.

Article 30 (Council of Professors) (4) The faculty council shall deliberate and decide on the following matters:

1. Establishment and amendment of the regulations of the faculty and association;

2. Method and procedure agreed upon by teachers under Article 24 (3) 2 of the Public Educational Officials Act.

3. On July 27, 2012, the Defendant: (a) announced a partial amendment of the school regulations of B University on the following matters; (b) required the submission of an opinion thereon by August 9, 2012; (c) the amendment’s main content is to add Article 10(2) to the provision that “the general candidate shall be selected by the president appointment recommendation committee; and (d) details thereof shall be prescribed by separate regulations; and (e) deleted Article 30(4)2.

After deliberation on the draft of the amended school regulations on August 17, 2012, the school council composed of five teaching staff members recommended by the president, five teaching staff members, five teaching staff members, and three student representatives, including the president, was rejected on the ground that the draft of the amended school regulations reflects the results of the total voting of professors, disregarding the total number of teaching staff members, and that it did not go through the procedures for deliberation and resolution of the faculty council as stipulated in Article 30(4)2 of the school regulations prior to the amendment.

Article 24(3)2 of the Public Educational Officials Act and Article 30(4) of the Regulations prior to the amendment, after holding a meeting on August 23, 2012.

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