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(영문) 서울행정법원 2015.11.06 2014구합71313
직권면직처분취소결정취소
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. The Plaintiff established and operated the D University (hereinafter “D”) and the Intervenor was newly appointed as a full-time lecturer of the D Department of Arts and Design on Mar. 1, 2000 and was promoted as an assistant professor on Nov. 1, 2003, and was changed from Mar. 1, 2006 to the model extension department.

B. When the recruitment quota of new students of the model extension department was less than that of the year of 2006, 2007, and 2008, around May 21, 2008, D decided to suspend the recruitment of new students of the model extension department and discontinue the recruitment of new students of the model extension department (hereinafter “instant closure decision”). Accordingly, on March 1, 2009, the school regulations (hereinafter “school regulations amendments”) was amended (hereinafter “school regulations amendments”) to set the number of admission quota of the model extension department as 09.

(B) Around 2012, the abolition of the model smoke department and registered students became final and conclusive as 0 students. (C)

On November 21, 2013, the Vice President notified the intervenors of the procedure related to the closure of the model extension department and the modification of the department to which he/she belongs. On December 19, 2013, the Intervenor submitted to the Plaintiff a written opinion on the application for the modification of the department to which he/she belongs. The D major Review Committee, on January 27, 2014, issued 45 points out of the total of 100 points according to the criteria for the examination of the evaluation table (hereinafter “the examination criteria of this case”) of Article 4(4) of the Regulations on the Treatment of Faculty Members affiliated with the D major (hereinafter “Abolition Regulations”).

In accordance with Article 6(1) of the Regulations, where the number of faculty members is less than 70 points as a result of deliberation by the Committee for Deliberation on Change of the Department to which he/she belongs, the Committee for Personnel Management of the Korean Teachers: (a) passed a resolution on February 28, 2014 on the abolition of ex officio dismissal by the president at the recommendation of the president; and (b) on March 4, 2014, the president of the Korean Disabled shall have the model subject to extension on March 4, 2014.

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