Plaintiff (Law Firm Sang, Attorneys Park Dong-ju, Counsel for the plaintiff-appellant)

Republic of Korea (Law Firm Rate, Attorneys Park Jong-sik et al., Counsel for the plaintiff-appellant)

September 25, 2009

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

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

The plaintiff confirms that he is in the position of professor of ○ School established and operated by the defendant. The defendant shall pay to the plaintiff 6,738,030 won each month from June 25, 2009 to the time this judgment becomes final and conclusive.

1. Facts of recognition;

A. On March 1, 1997, the Plaintiff was newly appointed as the president of the Arts School of 4 years (from March 1, 2006 to February 28, 2010) from March 1, 2006, when he was promoted to a professor on October 1, 2004.

B. On May 19, 2009, before the president’s term of office expires, the Plaintiff served as the president of the Arts School, and submitted a resignation letter to the Minister of Culture, Sports and Tourism on May 19, 2009, and the said resignation letter was

[Ground of recognition] Each entry in Gap evidence 1, 2, 17, 18, 19

2. The assertion and judgment

A. The plaintiff's assertion

The plaintiff has a teaching position for the following reasons, so the defendant is obligated to confirm that the plaintiff is in the position of professor of art school and pay the plaintiff monthly salary of KRW 6,738,030 from June 2009 to the plaintiff.

(1) The Plaintiff did not resign from the faculty of the Arts School at the time of appointment as the president of the Arts School. The Plaintiff did not lose the teaching position of the Arts School, since he did not intend to resign from the faculty even when he resigned from the president, and was ordered by the Ministry of Culture, Sports and Tourism on March 18, 2008, when he/she held office as the president, as a professor of the Arts School.

(2) Even if the Plaintiff lost his teaching position by being appointed as the president of the Arts School, the Plaintiff is deemed to be appointed as a professor of the Arts School on May 31, 2009, following the date following the receipt of the president’s resignation, and thus, the Plaintiff is deemed to have been appointed as a professor of the Arts School on May 31, 2009.

(b) Related statutes;

Higher Education Act

Article 2 (Types of Schools)

The following schools shall be established to provide higher education:

7. Various kinds of schools.

Article 59 (Various Kinds of Schools)

(1) Various kinds of schools mean educational institutions similar to schools listed in any of subparagraphs 1 through 6 of Article 2.

(3) The Minister of Education, Science and Technology may entrust his/her authority to establish and operate various kinds of national schools to the heads of related central administrative agencies, as prescribed by

Educational Officials Act

Article 2 (Definitions)

(1) The term “public educational official” as used in this Act means the person falling under any of the following subparagraphs:

1. Teaching staff and teaching assistants who are employed in the educational institutions;

(2) For the purpose of this Act, the term "educational institutions" means national or public schools or institutions falling under any of the following subparagraphs:

1. Kindergartens under subparagraph 2 of Article 2 of the Early Childhood Education Act, and schools at all levels under Article 2 of the Elementary and Secondary Education Act and Article 2 of the Higher Education Act;

Article 24 (Appointment of Head of University)

(5) Where a person who is appointed as a teacher of a university while in office has finished the term of office under subparagraph 1 of Article 28, he/she shall be deemed appointed as a teacher immediately preceding appointment of the head of the university on the day following the expiration of such term, notwithstanding Article 25.

Article 28 (Term of President of University, etc.)

The term of office of the head of a university, vice-head of a university, the head of a graduate school, and the head of a university shall be as follows (short

1. President of the university: Four years;

Decree on the Establishment of Korean National University of Arts

Article 1 (Purpose)

The purpose of this Decree is to prescribe matters concerning the establishment, organization, academic management, etc. of Korean comprehensive art schools pursuant to Articles 19 (2) and 59 of the Higher Education Act.

Article 6 (President, President, etc.)

(1) Each Arts School shall have a president.

(3) The president shall recommend the Minister of Culture, Sports and Tourism and appoint.

(4) Each source shall have a president, and shall be appointed by the president from among professors or associate professors of art schools.

(5) Each department shall have a director of each department, and he/she shall be appointed from among professors, associate professors, or assistant professors of art schools.

Article 7 (School Employees, etc.)

(1) The Academy of Arts shall have professors, associate professors, assistant professors, and full-time instructors as teachers, and shall have personnel such as administrative personnel necessary for school operation and teaching assistants, and may have instructors as necessary.

(4) Professors, associate professors, assistant professors, full-time lecturers, assistant instructors, part-time lecturers and visiting teachers of the Arts School shall be appointed by the president.

Article 21 (Application of Education-Related Acts and Subordinate Statutes)

Except as otherwise provided for in this Decree, the establishment and operation of art schools shall be governed by the education-related Acts and subordinate statutes.

C. Determination

(1) Determination as to the Plaintiff’s assertion as to paragraph (1)

According to Article 2 subparag. 7 and Article 59(1) of the Higher Education Act, Article 2(1)1 and Article 2(2)1 of the Public Educational Officials Act, Article 1 and Article 21 of the Decree on the Establishment of Art Schools are various kinds of schools under the Higher Education Act, which are educational institutions under the Public Educational Officials Act, and therefore, teachers working for art schools are public educational officials. In the absence of special provisions concerning the operation of art schools, teachers working for art schools are subject to the provisions of education-related Acts and subordinate statutes. Thus, the status and status of teachers working for art schools shall be determined under the conditions as prescribed by the Public Educational Officials Act

However, according to Article 24(5) of the Public Educational Officials Act, Articles 6(1), 3, 4, and 7(1) and (4) of the Decree on the Establishment of Arts Schools, the president shall be established in each arts school, and professors, associate professors, assistant professors, assistant professors, and full-time instructors shall be appointed by the president, and the president shall appoint each president from among professors, associate professors, and assistant professors, and the president shall appoint the principal from among professors, associate professors, assistant professors, and assistant professors. If a person who is appointed as the head of the relevant university during his/her term of office as a faculty member of a university completes the term of office prescribed in the Act, he/she shall be considered to be appointed as a faculty member immediately before the appointment of the head of the relevant university.

Therefore, in the case of this case, the Plaintiff lost the position of professor of art school by being appointed as president of art school (it cannot be deemed that the Plaintiff concurrently held the position of president and professor solely on the ground that the Plaintiff stated on the Plaintiff’s personnel record card, as claimed by the Plaintiff, that the Plaintiff was ordered by the Ministry of Culture, Sports and Tourism to work as a drama director and professor on March 18, 2008, when the Plaintiff serves as president.). This part of the Plaintiff’s assertion is without merit.

(2) Determination as to the Plaintiff’s assertion as to paragraph (1)(2)

Article 24(5) and Article 28 subparag. 1 of the Public Educational Officials Act are deemed to have been appointed as a teacher immediately preceding the appointment of the head of a university on the day following the expiration date of the term of office of the head of the university where a person who is appointed as the head of the university while in office as a teacher of the university has completed the four-year term of office under Article 28 subparag. 1 of the same Act. The above provision provides an institutional device that enables young and young teachers to enter the university and return to the university after normal term of office, thereby allowing them to return to the university. Thus, it is not permissible to interpret the above provision as a teacher naturally appointed as the head of the university even after the retirement of the teacher in the middle of the four-year term of office under Article 28 subparag. 1 of the same Act.

Therefore, the plaintiff's assertion on this part is without merit.

3. Conclusion

Thus, the plaintiff seeks confirmation that he is in the position of professor of the Arts School, and on this premise, the plaintiff's claim of this case seeking payment of benefits corresponding to that position is without merit, and it is dismissed, respectively.

Judges Kim Jong-soo (Presiding Judge)