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1. The plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. The Plaintiffs are professors affiliated to the F University under G of the educational foundation (hereinafter “F University”), and the Defendant is the professor of F University from November 1, 2009 to December 1, 2009.
B. The Defendant was indicted as the charge that “an official embezzlement, etc. was committed by spending approximately KRW 440 million from the revenue belonging to the school expenses accounts as legal advisory fees.” On November 7, 2013, the Defendant was sentenced to a fine of KRW 20 million in a criminal trial at the Daegu District Court Decision 2013Da4279, Daegu District Court Decision 2013No3761, Jul. 17, 2014, and was sentenced to a fine of KRW 10 million reduced from the appellate court at the Daegu District Court Decision 2013No3761, Jul. 17, 2014. On February 26, 2015, the said criminal appellate judgment became final and conclusive as it was by dismissal of the Defendant’s final appeal at the Supreme Court Decision 2014Do10306, Feb. 26, 2015.
(c) The relevant provisions of the Regulations on the Appointment of Teaching Staff at F University are as follows:
Article 10 (Ipso Facto Retirement) Where a teacher falls under any of the following subparagraphs, he/she shall naturally retire:
1. Facts that no dispute exists over a case falling under Article 69 of the State Public Officials Act (based on recognition), Gap's entries in subparagraphs 1, 2 and 5, and 3-1 through 3, and the purport of the whole pleadings;
2. The parties' assertion
A. According to the Plaintiffs (i.e., Article 57 of the former Private School Act (amended by Act No. 13224, Mar. 27, 2015; hereinafter the same), Article 10-4 subparag. 1 of the Educational Officials Act, and Article 33 subparag. 6-2 of the State Public Officials Act, the following provisions stipulate that “If a person was sentenced to a fine of at least three million won for an offense prescribed in Articles 355 and 356 of the Criminal Act in relation to his/her duties and for whom two years have not passed since the sentence became final and conclusive, he/she shall retire automatically from office as a teacher of a private school,” and Article 10 subparag. 1 of the F University Teachers Appointment Regulations also provides that “I shall retire automatically from office when he/she falls under Article 69 of the State Public Officials Act.” The main sentence of Article 69 of the State Public Officials Act lists the cases falling
d. Does.