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(영문) 대구지방법원 2018.04.19 2017가합205008
청구이의
Text

1. Among the instant lawsuits, the instant case involving the Defendant’s provisional disposition to implement the procedures for reappointment against the Plaintiff by the Daegu District Court 2014Kahap3064.

Reasons

1. Basic facts

A. On March 1, 2002, the defendant was appointed as a full-time lecturer belonging to the department of social welfare at C University established and operated by the plaintiff.

B. The plaintiff's refusal to be reappointed and the plaintiff 1 of this lawsuit on January 7, 2004

2. On August 17, 2011, the Defendant notified the Defendant that he/she would be reinstated as an assistant professor during the period from March 1, 2004 to February 29, 2012, following the petition review, administrative litigation, civil litigation, etc., filed by the Defendant.

2. The same year as the Teachers' Personnel Committee held on January 16, 2012

2. On February 10, 2012, the board of directors held on September 1, 201 and notified the Defendant that the term of appointment expires as of February 29, 2012 (hereinafter “the second refusal of reappointment”).

Accordingly, on February 13, 2012, the Defendant filed a claim for the revocation of the second rejection of reappointment with the Teachers' Appeal Committee, and on June 4, 2012, the Teachers' Appeal Committee rendered a decision citing the Defendant's claim on the ground that the Plaintiff failed to comply with the prior procedures prescribed by the Private School Act and infringed substantially on the Defendant's right to request the examination

3) The Plaintiff did not proceed with the procedures for the examination of reappointment against the Defendant, and the Defendant filed a lawsuit seeking compensation, etc. for damages, etc. equivalent to the wages or wages until he/she is reinstated (Tgu District Court 2012Ga4392) after confirming that the second rejection of reappointment is null and void.

The above court's second refusal of reappointment on September 5, 2012 is null and void because the substantive procedural defect is serious. The plaintiff is equivalent to the monthly salary from March 1, 2012 to April 1, 2012 and the procedure for review of reappointment for the defendant from April 2012.

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