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(영문) 서울북부지방법원 2015.01.14 2014가합20107
재임용탈락처분 무효확인의 소 등
Text

1. On October 11, 2013, the defendant confirmed that the disposition for the renunciation of reappointment against the plaintiff on October 11, 2013 is invalid.

2. The defendant.

Reasons

1. Basic facts

A. The defendant establishes and operates a C University, and the plaintiff is a person appointed as an assistant professor on March 1, 2006 after being appointed as a music university and a full-time lecturer at the above University on September 1, 2009.

B. The Defendant issued a disposition of suspension of one month on October 10, 2008 on the ground that “the Plaintiff, on March 3, 2008, instructed the students according to new students with music and music experience at the drinking room at the music university exchange conference,” and on November 24, 2010, the Defendant issued a disposition of suspension of one month on July 24, 2010 on the ground that “the Plaintiff, on July 7, 2010, abused the head of the parents of the students in the music university’ sexual music and the students’ parents in the middle of the restaurant operated by the parents of the students in the middle of the restaurant.”

C. The Defendant introduced a self-management system that requires the autonomous processing of the recruitment of professors and curriculum by each college. The professors of music colleges belonging to the Defendant derived opinions that the above disciplinary action is too insufficient. On December 14, 2010, the Plaintiff prepared a proposal to refuse to teach the Plaintiff a semester by holding a total faculty meeting of the music colleges on December 14, 2010. On June 28, 2011, the Defendant decided to suspend the Plaintiff’s indefinite teaching authority at the total faculty meeting of the music colleges held on June 18, 2012, and decided not to assign the Plaintiff a class of two semesters to the Plaintiff.

(hereinafter “instant disposition of exclusion from class”). The Plaintiff was unable to receive a course from 1 semester 201 to 2 semester 2013 upon the Defendant’s respective decisions.

On July 17, 2012, the Plaintiff dissatisfied with the instant disposition of exclusion from class, filed a petition review with the Teachers’ Appeal Committee, and the said Committee deprived the Defendant of the right of class that the Plaintiff had as a professor on September 24, 2012 without any basis under statutes or the articles of incorporation.

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