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(영문) 서울행정법원 2015.05.21 2014구합69044
승진임용거부 각하결정 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the decision;

A. On March 1, 2004, the Intervenor appointed the Plaintiff as a full-time lecturer (research professor) at the Military University B, a national university, as a full-time lecturer on March 1, 2006, and appointed the Plaintiff as a full-time lecturer on March 1, 2006, and was promoted as an assistant professor on April 1, 2006, and was reappointed as an assistant professor on September 1, 2010.

On September 1, 2010, the period of service of the Plaintiff’s assistant professor at the time of reappointment was set from September 1, 2010 to August 31, 2014 according to the appointment contract as four years.

B. On February 19, 2014, the personnel committee for public educational officials of the Korea Military University held a meeting to examine the promotion of the Plaintiff. At that time, the committee determined that the Plaintiff would be disqualified from the list of associate professors on the ground that the research professor’s promotion standard (100% of the research professor’s academic journal) was not satisfied, and that the research professor’s performance evaluation score falls short of the standards for promotion (10% of the research professor’s academic journal) required under the Regulations on the Personnel Management of Public Educational Officials of the Korea Military University, the Research Professors of the Korea Military University, the Regulations on the Research Professors of the Korea Military University, and the Regulations

C. The Intervenor joining the Defendant, while publicly announcing the personnel management (e.g., appointment, promotion and retirement age guarantee) of full-time teachers on April 1, 2014 at the Korea National University on March 31, 2014, did not issue a personnel order to the Plaintiff.

(hereinafter referred to as “instant promotion”. D.

On April 30, 2014, the Plaintiff filed a request for review of a petition seeking the revocation of the promotion of this case with the Defendant on the premise that the promotion of this case constitutes a disposition rejecting promotion. However, on July 23, 2014, the Defendant rejected the request for review of the Plaintiff’s petition on the ground that the refusal of promotion of this case was not a “unfair disposition against the teacher’s will” as provided by Article 9(1) of the Special Act on the Improvement of Teachers’ Status (hereinafter “School Status Act”), and thus, it does not constitute

(hereinafter referred to as “instant decision”). E.

On the other hand, the Regulations on the Personnel Management of Military Educational Officials of the Korea National University.

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