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(영문) 서울행정법원 2020.01.23 2018구합70752
교원소청심사위원회결정취소
Text

1. On April 25, 2018, the Defendant filed a claim for revocation of a disposition rejecting the reappointment between the Plaintiff and the Intervenor joining the Defendant.

Reasons

Details of decision on petition review;

A. On March 1, 2009, the Plaintiff entered into a contract for appointment of the full-time faculty member with the Intervenor joining the Defendant (hereinafter “ Intervenor”) on March 1, 2009, and was employed as a full-time lecturer at C University E University E University E University, which the Intervenor established and operated, and was promoted as an assistant professor on October 1, 201.

On September 1, 2014, the Plaintiff determined the employment period as one year (from September 1, 2014 to August 31, 2015) and fixed the employment period as two years (from September 1, 2015 to August 31, 2015) and was reappointed twice on September 1, 2015.

B. Pursuant to Article 53-2(4) of the Private School Act and Article 8-2(1) of the Regulations on the Personnel Management of Teaching Staff, the first intervenor notified the Plaintiff on April 20, 2017, which was four months prior to the expiration of the Plaintiff’s term of appointment, that the period of appointment can be applied for the review of reappointment by the Teachers’ Personnel Committee from September 1, 2014 to August 31, 2017.

2) Around that time, the Plaintiff filed an application for deliberation on the reappointment of an intervenor. At the time, the Intervenor’s personnel management regulations and enforcement regulations were as follows with respect to the deliberation on reappointment applicable to the Plaintiff. At the time, the appointment of the Intervenor teachers under Article 7 (Appointment Authority) of the Intervenor Personnel Management Regulations shall be governed by Article 34(5) of the Articles of the Educational Foundation B. Article 8-2 (Appointment Authority for Teachers ① The appointment authority for teachers shall notify the pertinent teacher of the fact that the term of appointment expires at least four months prior to the expiration of the term of appointment and that he/she may file an application for deliberation on reappointment

(3) A person who is entitled to appoint and dismiss an application for deliberation on reappointment under paragraph (2), shall determine whether to re-appoint the relevant teacher after deliberation on the reappointment by the teachers' personnel committee, and notify such fact to the relevant teacher two months prior to the expiration

In such cases, the relevant teacher.

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