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(영문) 대전지방법원 2016.02.03 2015구합471
교원소청심사위원회의 각하처분의취소
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 of this case

A. On March 1, 1998, a school foundation (hereinafter “YA”) newly appointed the Plaintiff as a full-time lecturer at a surrogate university (which was changed to a three-year college; hereinafter “SIG”) operated by the KIG, and was reappointed as a full-time lecturer on March 1, 199 and March 1, 2001, and was reappointed as an assistant professor on April 1, 2003 after being promoted as an assistant professor on April 1, 2001. After being promoted as an associate professor on October 1, 2006, the Plaintiff was reappointed as an associate professor on January 2, 2007 and December 1, 2009.

B. According to the regulation on the personnel management of teachers of a private teaching institute, the appointment of a teacher shall be made by the president upon the recommendation of the president (Articles 43(3) and 9(1)), six years where the minimum number of years required for the promotion of a teacher is promoted from an associate professor to an associate professor (Article 34(1)2(a)), 60 or more points in the education field, 25 or more points in the research field, and 45 or more points in the student guidance field, and meet the minimum requirements for promotion.

(Article 34(1)3 attached Table 3). (c)

As a result of the examination on the promotion of professors on September 1, 2014 for the Plaintiff, the Plaintiff acquired 77.71 and 100 points in the education field and research field, and met the standard points. However, the Plaintiff was excluded from the scope of the promotion of professors on the ground that the Plaintiff failed to meet the minimum requirements necessary for the promotion of professors by acquiring 30.79 points below the standard point of 45 points in the student guidance field.

On October 7, 2014, the Young National Institute of Education did not issue a promotional appointment order to the Plaintiff while it announced “public announcement of the promotion of teachers as of September 1, 2014” in the exclusive bulletin board for faculty members of the Korea National University.

hereinafter referred to as "the promotion of this case"

E. On October 16, 2014, the Plaintiff filed an objection against the withdrawal of the instant promotion with the president of the relevant university, who had no answer from the president, and on November 4, 2014.

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