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.

Details of the disposition

On March 1, 2001, the Intervenor (hereinafter “instant hospital”) was newly appointed as a urology and a full-time doctor of the instant hospital. From March 1, 2002 to March 1, 2002, the Intervenor was employed as a full-time faculty member of the D University’s medical college, and was in charge of treating urology and patients at the instant hospital.

An intervenor was promoted as an associate professor on September 1, 2007, and on September 1, 2014, the intervenor was guaranteed to serve until August 31, 2021.

On July 1, 2015, through the head of the instant hospital, the Plaintiff verbally notified the intervenors of the measure of suspension of medical treatment, which prohibits medical treatment from July 2, 2015 (hereinafter “the measure of suspension of medical treatment in this case”), and on October 30, 2015, the Plaintiff verbally notified the intervenors of the order of transfer to a doctor exclusively in charge of research in the instant hospital’s clinical medical research institute.

(1) On November 27, 2015, the Intervenor filed a petition with the Defendant seeking revocation of the instant medical treatment disposition and the first transfer disposition. On January 20, 2016, the Defendant rejected the instant claim for revocation of the instant medical treatment disposition on the ground that “The instant first transfer disposition constitutes an illegal claim with the lapse of 30 days of the request period for examination,” but the instant first transfer disposition was made without deliberation by the subcommittee on the personnel management of faculty members at medical colleges and universities. However, the instant first transfer disposition was made without deliberation by the subcommittee on the personnel management of faculty members at medical colleges and constitutes a procedural defect in violation of the provision on the personnel management of teaching staff, and it constitutes an illegal disposition beyond the scope of the legitimate personnel discretionary authority, and the instant first transfer disposition was revoked.”

(hereinafter “Prior Decision”). On February 25, 2016, the Plaintiff: (a) held a subcommittee on personnel management of faculty members of medical universities and colleges to deliberate and resolve on the change of affiliation of the Intervenor; and (b) passed a resolution on March 30, 2016 on April 1, 2016 upon deliberation by the personnel committee for faculty members of D University.