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(영문) 대구지방법원 2015.12.24 2015가합205752
정직2월처분무효확인 등
Text

1. It is confirmed that the two-month suspension order issued by the Defendant against the Plaintiff on August 19, 2015 is null and void.

2. The plaintiff's remainder.

Reasons

1. Basic facts

A. On March 1, 2011, the Plaintiff was reappointed on March 1, 201, after being appointed as a Western and full-time lecturer at C University operated by the Defendant, and on March 1, 2012, the term of the contract was one year.

B. On August 13, 2012, the Plaintiff, from the Defendant, was subject to a three-month suspension disposition on the grounds that the Plaintiff allowed another professor to teach and repair students frequently during the class hours of the other professor; (b) criticizeed other professors during the class hours; (c) urged students to teach students; (d) criticize other students; (e) made a speech and behavior suspected of students; (e) took a strong class method; and (e) forced students to apply for taking a course in a specific subject; and (e) was subject to a three-month suspension disposition.

C. On December 20, 2012, the Defendant rendered a disposition of refusal to re-appoint the Plaintiff on the ground that the reputation point in the educational business area during the Plaintiff’s evaluation period (from March 1, 2012, to October 31, 2012, which was four months before the expiration date of the contract term), falls short of 150 points, which is the minimum standard for reappointment.

Accordingly, on March 20, 2013, the Plaintiff filed a lawsuit against the Defendant with the Seoul Central District Court 2013Gahap21876, which sought a disciplinary measure against the Defendant in March 13, 2012, the suspension of office from office, and confirmation of invalidity of the refusal disposition as of December 20, 2012, and was sentenced to a judgment in full winning the case on July 10, 2014, and the Defendant’s appeal (Seoul High Court 2014Na39420) and the final appeal (Supreme Court 2015Da5200) were all dismissed, and the said judgment became final and conclusive.

E. After the above judgment became final and conclusive, the Plaintiff requested the Defendant to immediately implement the procedure for reappointment, but the Defendant did not notify the specific schedule.

On July 6, 2015, the Plaintiff filed an application against the Defendant for provisional disposition seeking re-election with the Daegu District Court 2015Kahap3180, and on September 8, 2015, the court held on the following grounds: “The Defendant shall initiate the procedure for the examination of the appointment of the assistant professor of the Defendant’s C University against the Plaintiff within 14 days from the date this decision was notified and complete the said procedure within two months.”

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