2014Du12079 Revocation of revocation of dismissal

A person shall be appointed.

Seoul National University President

Supreme Court Decision 2011Du29540 Decided February 27, 2014

Seoul High Court Decision 2014 - 3312 Decided August 22, 2014

December 23, 2015

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined.

The lower court rejected the Plaintiff’s assertion on procedural defects, on the ground that (1) considering the changes in the original report of the Seoul National University Investigation Committee, the overall content of the report was the same as the original report, as well as the changes made by the said Investigation Committee; (2) the Defendant cannot be deemed to have any impediment to the Plaintiff’s exercise of the Plaintiff’s right to defense due to partial deletion; and (3) the Defendant is merely obligated to submit relevant evidence necessary for proof under Article 6 of the Decree on Punishment of Public Educational Officials, and it is difficult to deem the Defendant to have a duty to submit all the evidence stated in the original report or the revised report to the Disciplinary Committee on the ground of the said provision.

Examining the record in light of the relevant legal principles, the above determination by the court below is just, and contrary to what is alleged in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on the method of pleading, confession, actual attack and defense, and the duty to explain and defend, and the duty to resume pleadings, or by failing to exhaust all necessary deliberations, omitting judgment, failing to exhaust

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Park Poe-young

Justices Kim Yong-deok

Justices Kim Jae-han

Justices Kwon Soon-il