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(영문) 서울서부지방법원 2017.09.28 2017가합30224
재임용탈락결정무효확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff was appointed as an assistant professor in the department B of the annual household school in September 2006, and was reappointed as an assistant professor in September 2008 and September 2010, respectively, and was appointed as an associate professor in September 2012.

B. On September 1, 2015, the annual school notified the Plaintiff that it was dismissed on the same day on the ground that it failed to meet the requirements of “an international first grade thesis or an international second grade thesis” among the conditions attached to the contract for the appointment of associate professors.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 19, the purport of the whole pleadings

2. The Plaintiff’s assertion that the Plaintiff was appointed as an associate professor, which is not subject to examination for promotion of regular professors, but subject to re-election. The additional condition for appointment of associate professor, which is “in Part I or Part II of International Grade II”, is particularly added to the Plaintiff only, and is null and void in violation of the principle of proportionality and the principle of equality, and the said additional condition is valid.

Even if the Plaintiff written the written author’s “C” alone, and expressed his withdrawal from the California University Publication Division, which was required for the 50th right of the U.S. University, the Plaintiff satisfied the above additional conditions asserted by the Defendant.

In addition, Article 14 (2) of the Regulations on the Implementation of Teachers' Duties stipulates that the period of reappointment for teachers who fail to satisfy the requirements for reappointment shall be one year, but the defendant's failure to re-appoint the plaintiff through a formal examination by the teachers' personnel committee shall be null and void without setting a one-year period of reappointment for the plaintiff.

3. The Plaintiff’s determination on the defense of this safety is seeking confirmation of the revocation of reappointment with the “president of a school of the relevant household,” but the president of a school of the relevant household shall take charge of the school affairs of the relevant school of the relevant household, direct and supervise his/her faculty members, guide students, and be the institution of a school of the relevant school foundation representing the relevant university, and be the subject to whom the rights and obligations accrue.

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