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(영문) 대구지방법원 경주지원 2018.07.06 2017가합2809
총장지위확인등
Text

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

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

Reasons

1. Basic facts

A. On May 19, 2017, the Defendant submitted a letter of resignation of the president acting on behalf of the president of C University, which was operated by the Defendant, to E in charge of personnel management on June 14, 2017.

E sent the draft letter of personnel issuance to the Department of C University, stating that “The President’s vicarious rescission of duties shall be cancelled” on the same day.

However, the above official document requested that the employees of the C University Department who received the above official document be stipulated in the official document so that they can elect the next president. E is a matter that can be determined by the president’s board of directors, and the issue of election of the president is that C University’s faculty members can not correct the official document because they are not elected or decided by the principal.

Nevertheless, in order to confirm whether C.C.’s re-written request is defective, E sent the letter of a personnel order (F) to the personnel management officer of the Department of Government Affairs along with the letter of a letter of a personnel order (F) stating “B No. 4-2, hereinafter “the draft of this case’s public order”) to confirm whether the phrase “B” request is “B” and “B” is “B” to be added.

B. Since then, the defendant chief executive officer deleted the phrase "the post-election net" in the above draft, and approved the letter of official order (F), and E sent the letter of official order to the teaching staff of the Ministry of Education.

C. However, on June 15, 2017, the Cuniversity’s principal, the Development Planning Director, and the Students Admission Director, etc. decided to convene a meeting of teachers and staff as an urgent issue. On the same day, on June 19, 2017, the Cuniversity decided to elect the president candidate as a presidential officer on the election of the president candidate on June 19, 2017 at the meeting of teachers and staff (total 57 members present).

Accordingly, the development planning director has organized an election commission, and 93 teachers and staff have participated in voting in the presence of the election commission on the 19th of the same month, and the plaintiff among 2 candidates has obtained 59 votes as candidates for the president.

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