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(영문) 전주지방법원 2017.02.03 2016가합1693
의결무효확인 및 손해배상(기)
Text

1. The part of the instant lawsuit, which excludes the subject of the appointment of each professor, shall be dismissed.

2. The defendant.

Reasons

1. Facts of recognition;

A. The Defendant related to the parties is an educational foundation that establishes and operates C University, and the Plaintiff was appointed as an associate professor at C University D Department (the name of the above department was changed to E Department on March 1, 2009; hereinafter referred to as “E Department”) on March 1, 2007, and is currently serving as an associate professor at E Department.

B. The Plaintiff excluded the instant eligibility for promotion was subject to promotion of professors in the latter part of the year 2013 in accordance with the Regulations on the Personnel Management of Teaching Staff and the Regulations on the Evaluation of Teachers Services, and the Defendant, according to the said regulations, excluded the Plaintiff from the eligibility for promotion of professors on September 1, 2013.

Since then, the Plaintiff was still eligible for the promotion of professors. However, the Defendant excluded the Plaintiff from the eligibility for the promotion of professors as of March 1, 2014, September 1, 2014, March 1, 2015, September 1, 2015, September 1, 2015, September 1, 2016, March 1, 2016 and September 1, 2016.

(E) The exclusion of each of the above promotional categories is determined to be excluded from each of the promotional categories in this case.

The articles of incorporation, teachers' personnel management regulations, and teachers' evaluation regulations related to the case in question are as follows:

(2) The full-time faculty members of a college educational institution other than the head of a school shall be appointed or dismissed by the president after a resolution of the board of directors on the recommendation of the head of the relevant school after deliberation by the personnel committee, and in such cases, they shall be appointed by contract terms within the following scope:

In order to deliberate on important matters concerning personnel affairs, such as appointment and dismissal of teachers, the teachers’ personnel committee shall be established in the schools concerned.

Article 52 (Functions of Personnel Committee)

1. When the head of a college educational institution intends to recommend appointment and dismissal of professors, associate professors, or assistant professors, he/she shall obtain consent from the head of the college educational institution to recommend such appointment and dismissal;

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