2015Guhap7791 Suspension of disposition of revocation of suspension for three months

A

The Minister of Education

Pleadings without Oral Proceedings

September 17, 2015

1. The instant lawsuit shall be dismissed.

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

The defendant will cancel the three-month disciplinary action of suspension from office imposed on the plaintiff on February 19, 2008 by the Jeonnam president.

According to the records, the plaintiff was subject to a three-month disciplinary measure of suspension from office from the president of the Jeonnam University on January 29, 2008 (hereinafter "the disposition of this case"), who worked as a professor of the Jeonnam University (hereinafter "Seoul National University"), and the decision of dismissal of the plaintiff was finalized in the lawsuit of cancellation against the president of the Jeonnam University on the ground that the plaintiff filed a lawsuit of cancellation of the disposition of this case (Seoul High Court Decision 2008Guhap3043, April 16, 2009; Supreme Court Decision 2009Du712, July 9, 2009; Supreme Court Decision 2009Du1399, Nov. 26, 2009; Supreme Court Decision 2009Du1399, Nov. 26, 2009; Supreme Court Decision 2015Du21610, Apr. 21, 2012).

As to the instant case, the Plaintiff sought revocation of the instant disposition with the Minister of Education as the Defendant. However, the Minister of Education is not the disposition agency of the instant disposition, and thus, the instant lawsuit is unlawful. Meanwhile, as a revocation lawsuit against the Plaintiff’s president, the disposition agency, becomes final and conclusive, and the relevant judgment of dismissal of the Plaintiff has res judicata effect as to the legality of the instant disposition, there is no benefit to rectify the Defendant to the president of the Jeonnam University, the disposition agency.

Therefore, since the lawsuit of this case is unlawful and there is no way to correct its defects, it is so decided as per Disposition by the assent of all participating Justices on the bench pursuant to Article 8(2) of the Administrative Litigation Act and Article 219 of the Civil Procedure Act.

The presiding judge shall be appointed by a judge.

Judges Park Jae-young

Judges Domination