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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.
Reasons
1. Details of the disposition;
A. On March 1, 2005, the Defendant’s Intervenor was appointed as a full-time lecturer at C University Han University’s Han University’s department and Han University’s college’s college, and was promoted as an assistant professor on September 1, 2005, and on March 1, 2009, as an associate professor on March 1, 2015, and was reappointed as an associate professor on March 1, 2015 (from March 1, 2015 to February 28, 2018).
B. The Plaintiff conducted a promotion review on the Intervenor’s Intervenor’s Intervenor at least four semesters in 2014, 1 semester in 2014, 2014, 1 semester in 2015, and 2015. However, the Intervenor’s Intervenor fell short of the personnel evaluation points set forth in the Plaintiff’s school regulations in all promotion reviews. However, the Intervenor’s Intervenor fell short of the Plaintiff’s personnel evaluation points, as seen below.
C. On July 18, 2017, the Chairperson notified the Plaintiff of “the expiration of the term of appointment as of February 28, 2018 due to the excess of the age limit for class,” and notified the Plaintiff on January 25, 2018, that the Plaintiff will be dismissed as the expiration of the term of appointment, following deliberation by the teachers’ personnel committee and resolution by the board of directors.
(hereinafter “instant dismissal disposition”). D.
Accordingly, on February 27, 2018, the Defendant filed a petition review against the Defendant regarding the instant disposition of dismissal, and on May 9, 2018, the Defendant rendered a decision to the effect that the instant disposition of dismissal was unlawful and revoked (hereinafter “instant decision”).
‘2018-159 Decision on Case of Demanding the Revocation of Dismissal (Dismissal of Re-Appointment)(Evidence A)
1. The instant disposition of dismissal is based on Article 14(2) of the Regulations on the Personnel Management of Medical Faculty Members (limited to once for reappointment of the same position as the teacher who has not been promoted, and the maximum period of service for the same position shall be 9 years including the number of the career-based retirement age, 9 years for associate professors and 9 years for assistant professors; hereinafter “instant provisions”), which is the Plaintiff’s school regulations, and thus, the disposition of rejection for reappointment based on the so-called “class retirement age system.”