logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.11.27 2014나34999
재임용거부처분무효확인 등
Text

1.Paragraph 2 and 3 of the order of the first instance judgment, including a claim modified in the trial, shall be amended as follows:

Reasons

1. Basic facts

A. The Defendant is a school juristic person operating C University (former name: D University; hereinafter “Defendant University”). The Plaintiff is a teacher of the Defendant University reappointed as an assistant professor every two years from September 1, 1998 to September 1, 201, who was appointed as a civil engineering and full-time lecturer at the Defendant University on April 1, 1993 and was appointed as an assistant professor on April 1, 1996.

B. The Rules on Personnel Management of the Faculty of the Defendant University stipulate the following with regard to the reappointment of the faculty, and the Defendant University’s “Promotion and Appointment Evaluation Table of Faculty Members” (hereinafter “Examination Standards of this case”) is as specified in attached Table 2.

Article 41 (Examination for Re-Appointment) (1) The teachers' personnel committee shall request a person subject to re-election to submit documents necessary for examining his/her reappointment, and shall conduct an evaluation of his/her achievements (the total point of 80 points and attached Form 2) in accordance

(2) The teachers' personnel committee shall conduct an objective and fair evaluation of the results of reappointment of teachers under paragraph (1).

Article 42 (Request for Consent to Re-Appointment) (1) The president shall comprehensively consider the results of the examination to seek consent to select persons who have proposed re-election and to the personnel committee.

(2) The personnel committee shall determine whether to agree on the proposal for reappointment with the consent of a majority, and the chairperson shall determine it.

(3) Article 56 (Definition and Determination of Terms for Restructuring) (1) The term "corporate restructuring" means that the operation of a university or the relevant teacher cannot continue his/her business of academic subjects due to lack of students, and thus the term "majors" is extinguished.

Article 57 (Criteria for Determination of Restructuring) (1) Where the rate of filling new students within the fixed number of two years by major department is less than the average of 40 percent, the determination of restructuring shall be made.

Provided, That the rate of supplement shall be by department (major).

arrow