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(영문) 대전지방법원 2015.04.16 2014구합102196
교원소청심사위원회결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is an incorporated school foundation that establishes and operates A University; B is an assistant professor of the management department of A University on September 1, 201 (a contract term: from September 1, 2011 to August 31, 201), who was appointed as a professor on September 1, 201, and was notified by the president of the Plaintiff on June 24, 2013.

(hereinafter “Prior Disposition”). B.

Accordingly, B filed a request for review of appeal with respect to the preceding disposition of this case with the Defendant, and the Defendant cited the request for review of appeal on September 9, 2013 on the ground that “the procedural defect exists in the process of review of re-election without giving B an opportunity to present a substantial opinion and refusing re-election.”

(hereinafter “Prior Order”) C.

After that, on November 28, 2013, the Plaintiff followed the procedure for examining the reappointment of B in accordance with the prior decision of the instant case, and notified B of the fact that he/she may attend the 7th teachers' personnel committee designated as the 13:00 on November 28, 2013 (hereinafter “the instant personnel committee”) and present his/her opinion on the results of deliberation and the grounds for recommendation for reappointment, and B was present at the personnel committee of the instant case on the said date to state his/her opinion on the grounds for refusal of reappointment and the procedure for his/her opinion on the said date, and submitted materials.

On November 28, 2013, the instant personnel committee resolved the same contents as those of the Second Personnel Committee (Holding June 24, 2013), as follows, and the president notified the Plaintiff on December 4, 2013 of the refusal to re-appoint the said contents to B.

(hereinafter referred to as the “disposition to Refusal of Reappointment”). The reasons for the Non-Recommendation of a management university’s “the achievement of research papers is significantly lacking compared to other professors, and the future research achievements should not be recommended at present in consideration of the change of school regulations in the future at the time of reappointment.” In addition, the education of the principal through securing the competent faculty members.

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