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(영문) 서울행정법원 2018.05.03 2017구합69182
교원소청심사위원회결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.

Reasons

1. Details of the decision;

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

B. On March 1, 2010, the Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) was appointed as an assistant professor at the International Business University (GLCAL campus) International Trade School (hereinafter referred to as the “GLCAL campus”) on March 1, 2010, and was reappointed on March 1, 2012 (from March 1, 2012 to February 28, 2014).

C. On March 1, 2014, the Intervenor received teaching evaluation included in the list of associate professors to be promoted by associate professors, and received notification from the Plaintiff on January 23, 2014 that the Intervenor passed the teaching evaluation. On February 12, 2014, the Intervenor decided to recommend the Intervenor to be eligible for promotion of associate professors at the teachers’ personnel committee held on February 12, 2014.

However, in order to keep the results of the fact-finding on the Intervenor's misconduct reported by the head of the International Nice University in 2014, the Plaintiff suspended the promotion of the Intervenor on March 1, 2014, and reappointed the Intervenor as an assistant professor (the appointment period from March 1, 2014 to February 28, 2017).

Since then, the intervenor was judged to have failed to pass the faculty evaluation for the examination of promotion as of March 1, 2015 and September 1, 2015, and submitted a written waiver of promotion examination in relation to the evaluation of the faculty evaluation as of March 1, 2016 and the evaluation of the faculty evaluation as of September 1, 2016.

E. On June 28, 2016, the Plaintiff sent to the head of the International Business University (the Intervenor) an official document under the title “Guidance on Period of Reappointment following the decline in the promotion of teachers” (hereinafter “instant official document”) via the instant university’s electronic re-determination system. The Intervenor perused the document on June 29, 2016.

1. The period of reappointment according to the decline in the promotion of teachers (participatings) shall be the one of the following:

2. Teachers under contracts for new appointment for a period of reappointment shall be reappointed (three years) on March 1, 2010 on the expiration date of the period of deferment of promotion for reappointment;

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