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(영문) 서울행정법원 2017.08.24 2016구합84788
재임용거부취소결정취소
Text

1. On September 21, 2016, the Defendant rendered a decision as to the claim for revocation of the disposition rejecting reappointment between the Plaintiff and B.

Reasons

1. Details of decision on the petition examination;

A. The Plaintiff is a school foundation that establishes and operates C University (hereinafter “instant University”).

B On September 1, 2014, the term of appointment was set on August 31, 2016, and was appointed as a social welfare of the university of this case and a full-time faculty member of the non-retirement Force.

B. On June 29, 2016, the term of appointment of B expired, the Plaintiff notified B of the grounds for refusal to re-election as follows:

(2) In order to determine whether to re-appoint the pertinent teacher pursuant to Article 53-2 (7) of the Private School Act of 30, 3017, which satisfies the criteria for the aggregate of the evaluation items of achievements (30 points) the field of educational activities (30 points) industry-academic cooperation and academic development (30 points) in the field of research and development of departments, the evaluation items of achievements (30 points) and the evaluation items of academic affairs (10 points) of the grounds for the refusal to re-appoint the pertinent teacher based on Article 53-2 (7) of the Private School Act (hereinafter referred to as the "Rules for the Evaluation of Non-Ex-Ex-Ex-Ex-Ex-Post Facto Teachers' Records") of the university of this case, it is short of the minimum evaluation criteria for teaching experience (70 points out of 100 points) for the re-appoint under Article 11 (2) of the Regulations for the Evaluation of Non-Ex-Ex-Ex-Ex-Post Facto Teachers' Records

C. On September 21, 2016, B filed an appeal with the Defendant seeking revocation of the disposition of refusal to re-appoint the instant case, and the Defendant rendered a decision to revoke the disposition of refusal to re-appoint the instant case on the following grounds.

(hereinafter “instant decision”). 1. The procedural defect B submitted an application for pre-assessment review without confirming the detailed points of each item of performance evaluation and the grounds for the evaluation thereof, etc., and did not know of the aforementioned circumstances even at the time of attending the Teachers’ Personnel Committee and making a statement, and thus, the actual opportunity for the examination procedure for reappointment to state its opinion.

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