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(영문) 서울행정법원 2017.06.16 2016구합77346
교원소청심사위원회결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.

Reasons

The plaintiff is a school foundation that establishes and operates the Suwon University.

An intervenor was newly appointed as Suwon University B and a full-time lecturer on March 1, 2005 and was reappointed on a yearly basis, and was reappointed on January 2, 2013 from March 1, 2013 to February 28, 2014.

(As a result of the revision of the Higher Education Act regarding the classification of teaching staff, the name was changed to an assistant professor from July 22, 2012). Of the above agreement on the appointment of teaching staff entered into between the Suwon National University and the Intervenor, the part relating to the terms and conditions of reappointment is as follows:

[Agreement on Appointment of Teachers] ① (referring to the duties, etc. of teachers; hereinafter the same shall apply) in the course of his service by Article 4 (Agreement on Appointment of Teachers) (1) (referring to the intervenor; hereinafter the same shall apply) shall comply with the faculty personnel regulations, other service regulations, etc. prescribed by Section A (the President of an orchard; hereinafter

(3) During the period from November 1, 2012 to October 30, 2013, Eul shall publish his/her thesis at least 150% on a domestic or foreign well-known academic site (based on the criteria recognized by the registration place registered in the Korea Science Promotion Foundation, the registration candidate place, or the standards for determining the achievements of the faculty members of the principal school), and shall acquire at least 85 points for the evaluation of achievements, including at least 54 points for the evaluation of achievements in the field of research conducted in the principal school, and shall actively contribute to the development of the principal school through education and research.

On October 30, 2013, the Intervenor submitted an application for reappointment to the Plaintiff. On December 23, 2013, the Plaintiff’s board of directors decided to decline from reappointment to the Intervenor on the ground that the Intervenor failed to meet the criteria for reappointment prescribed in Article 4(3) of the Agreement on Appointment of Teachers. On December 24, 2013, the Plaintiff notified the Intervenor that he was dismissed on February 28, 2014 due to the termination of the contract.

The first rejection disposition is called ‘the first rejection disposition for reappointment'.

The Intervenor filed an appeal against the rejection disposition of the first re-election with the Defendant, and the Defendant filed an appeal against the Intervenor on April 30, 2014.

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