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(영문) 전주지방법원 남원지원 2018.03.15 2017가합115
직위해제 무효확인
Text

1. We affirm that the Defendant’s removal from his position against the Plaintiff on July 13, 2017 is null and void.

2. The costs of lawsuit shall be.

Reasons

1. Facts of recognition;

A. On October 27, 2014, the Plaintiff was appointed as the president of Cuniversity operated by the Defendant, and the term of office up to October 26, 2017.

B. On April 2017, the Defendant’s board of directors requested the Ministry of Education to dismiss the Plaintiff, and on June 28, 2017, the Plaintiff constituted “a person whose disciplinary decision was requested” as stipulated in Article 58-2 of the Private School Act and Article 44 of the Defendant’s Articles of incorporation, and decided to dismiss the Plaintiff from his position on July 13, 2017 (hereinafter “instant removal from position”).

C. However, on June 28, 2017 and July 13, 2017, the date on which the removal from position was decided, the Defendant did not request a resolution against the Plaintiff.

According to the removal from position of this case, 30% of the wages of the plaintiff was reduced since July 13, 2017.

[Grounds for Recognition] deemed confession (Article 150 (3) of the Civil Procedure Act)

2. According to the facts of the above recognition, the removal from position of this case constitutes invalidation unless there exist grounds for removal from position under the Private School Act and the defendant's articles of incorporation, and further, the plaintiff has the interest to seek confirmation of invalidity.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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