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(영문) 수원지방법원평택지원 2016.05.19 2015가합9501
해고무효확인
Text

1. We affirm that the Defendant’s demotion disposition rendered on August 12, 2013 against the Plaintiff is null and void.

2. The defendant shall be the plaintiff.

(a) 68.

Reasons

1. Basic facts

A. On March 1, 1998, the Plaintiff was appointed as an industrial design and full-time lecturer at C University established and operated by the Defendant (hereinafter “instant University”), and was promoted as an associate professor on March 1, 200, and on April 1, 2007, as an associate professor, and was reappointed as an associate professor on March 1, 2012.

B. Around the beginning of July 2011, the instant university enacted a draft of the Regulations on the Restructuring of the University of this case (hereinafter “Rescue Regulations”) and the Regulations on the Regulations on the Teaching Staff Exclusively in Charge of Demotion (hereinafter “Rules on the Taking Exclusive Charge of LectureD”) (hereinafter “Rules”).

(The above provisions were enacted and promulgated on September 1, 201). On July 13, 2011, the Plaintiff was fully aware of the regulations on restructuring and lectures to the president of the University of this case (hereinafter “president”) and submitted a written consent to the enforcement thereof.

C. Around June 2013, the president appointed the Industrial Design Department as the department subject to restructuring in the year of 2013. The University Restructuring Committee decided the Plaintiff, the lowest of the results of evaluation among industrial design and faculty members, as the faculty subject to restructuring.

On June 17, 2013, the president notified the Plaintiff that he/she was determined as a teacher subject to restructuring and requested the Plaintiff to present his/her opinion on the desired course of movement.

On June 19, 2013, the Plaintiff submitted an application to wish early childhood education department, aviation department, and tourism management department, but the faculty members of the relevant department agreed to move the Plaintiff to each department.

E. On June 24, 2013, the president decided the Plaintiff as a faculty member in exclusive charge of lectures and notified the Plaintiff of the determination. On August 12, 2013, the president notified the Plaintiff that the Plaintiff was determined as a faculty member in exclusive charge of lectures pursuant to Article 8 of the Regulations on Restructuring.

(f) School regulations, articles of incorporation, restructuring regulations, lecture rules, regulations on the evaluation of teachers' occupation, and relevant statutes of the university of this case are as shown in the attached Form.

[Ground of recognition] dispute.

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