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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The defendant is a school juristic person which establishes and operates the C University, and recruited "non-retirement Facility Full-time Teachers" on the condition that the first term of appointment shall be one year, and only once a two-year term of appointment shall not exceed three years, and the term of appointment shall be determined from March 1, 2005 to February 28, 2006 as an assistant professor of a cultural department (major: chemical department). The term of appointment on March 1, 2006 from March 1, 2006 to February 29, 2008 was determined and reappointed for two years.
B. On October 25, 2007, the Defendant notified the Plaintiff of the expiration of the term of appointment as of February 29, 2008 pursuant to Article 5 of the Regulations on Non-Retirementing Teachers at C University.
C. Accordingly, the Plaintiff submitted a written request for deliberation on the reappointment of a non-retirement Line teacher to the Defendant, but the Defendant did not proceed with the procedures for deliberation on the reappointment of a non-retirement Line teacher against the Plaintiff.
The first preceding lawsuit (1) The plaintiff filed a lawsuit seeking confirmation of invalidity of the disposition rejecting the reappointment and compensation for damages equivalent to the benefits of the said disposition with the Seoul Northern District Court 2008Gahap3743, and the above court rendered a judgment dismissing the plaintiff's claim on November 12, 2008.
(2) Accordingly, the Plaintiff appealed as Seoul High Court Decision 2008Na119981. On April 23, 2010, the above appellate court confirmed that the Plaintiff’s failure to proceed with the re-examination procedure is null and void as an unlawful disposition, and rendered a judgment citing part of the claim for damages equivalent to the Plaintiff’s benefits.
(3) As to this, the Defendant appealed by Supreme Court Decision 2010Da42686, and the above court reversed the part concerning the claim for damages among the above appellate judgment on September 9, 2010, and remanded this part of the case to the Seoul High Court.