logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2020.07.09 2020구합52818
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

1. Details of the disposition;

A. On March 1, 2003, an intervenor was newly appointed as a full-time lecturer at C University established and operated by the Plaintiff, and then promoted to professors on April 1, 2015. 2) The intervenor performed the position of the Director General, the head of the department in charge of personnel affairs of C University from October 12, 2015 to November 16, 2016.

B. On December 30, 2015, the Plaintiff notified 6 ordinary teachers of his refusal to re-appoint (the grounds for dismissal in paragraph (4) of the same Article) to the six general teachers, and the Plaintiff’s board of directors decided to reject the reappointment on January 15, 2016 (hereinafter “Plaintiff’s refusal to re-appoint”).

(2) On March 9, 2016 and April 6, 2016, the Defendant rendered a decision to revoke the Plaintiff’s refusal of reappointment on the grounds that “the subject was not given an opportunity to vindicate, and violated the duty to specify the grounds for refusal.”

3) Six general teachers who were denied reappointment filed a lawsuit against the Plaintiff seeking compensation for damages, etc. on November 11, 2016, on the ground that the refusal of reappointment by the Plaintiff, who did not undergo a lawful review of reappointment, constituted tort, was partially recognized as the Plaintiff’s liability for damages (Seoul Southern District Court Decision 2016Gahap10998, Nov. 11, 2016; hereinafter “instant related judgment”).

C) On January 11, 2016, the Intervenor: (a) received the official document from the Ministry of Education that the number of full-time teachers and the number of faculty members is subject to partial suspension of recruitment for the total number of faculty members in 2017 and the number of faculty members in 2018 as of April 1, 2016, when C University failed to meet the acquisition ratio of full-time teachers and faculty members as of April 1, 2016, due to its failure to comply with the autonomous policy standards for the number of faculty members in 2015.

2) On January 29, 2016, the Plaintiff’s board of directors approved the Special Employment Plan (hereinafter “Special Employment Plan”) for Former Teachers in 2016, which recruited faculty members as of April 1, 2016 in order to meet the securing rate of faculty members at C University. 3) The Intervenor is specially employing the Plaintiff’s Former Faculty.

arrow