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(영문) 서울행정법원 2016.12.23 2016구합68496
교원소청심사위원회결정취소
Text

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

2. The costs of the lawsuit shall include costs resulting from the participation.

Reasons

1. Details of the disposition;

A. E University and F University were merged on February 1, 2013 and opened to G University on March 1, 2014, and the Plaintiff is a school foundation that establishes and operates the University.

B. On March 1, 2010, the Intervenor B was appointed as a full-time lecturer in the business management department of the E University, and the Intervenor C as a full-time lecturer in the Chinese language department of the E University on March 1, 2010, and concluded a re-contract on March 1, 2014, respectively, and was changed to the G University on March 1, 2014, and the Intervenor D was appointed as the Intervenor on January 1, 2014.

C. On December 31, 2015, the Plaintiff notified the aforementioned intervenors that their employment period will expire on February 29, 2016, respectively (hereinafter referred to as “each of the instant notifications”) following a resolution of the Teachers’ Personnel Committee on December 14, 2015 and the Board of Directors on December 23, 2015, pursuant to Article 2 of the Addenda to the Regulations on the Appointment of Non-Retirementing Teachers at G University (hereinafter referred to as the “Rules on Non-Retirementing Teachers at G University”) and Article 4(4) of the Regulations on Non-Retirementing Teachers at E University (hereinafter referred to as the “Rules”).

In addition, the Plaintiff failed to meet the requirements for reappointment under Article 25(2)2 of the Regulations on the Personnel Management of Faculty Members of G University (at least an average of 70 points of the faculty evaluation during the appointment period) and violated the duty to hold concurrent offices under Article 64 of the State Public Officials Act applied mutatis mutandis pursuant to Article 5(1) of the Private School Act and Article 6 of the Regulations on the Personnel Management of G University Teachers by serving as the extreme H representative during the appointment period, on December 14, 2015, following a resolution of the teachers’ personnel committee and the board of directors on December 23, 2015 (hereinafter “instant rejection disposition”).

E. On January 26, 2016, the Intervenor B and C filed a petition review with the Defendant seeking revocation of each of the instant notifications, and the Defendant on March 23, 2016.

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