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(영문) 서울고등법원 2018.07.20 2017재누10181
재임용거부처분취소
Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, ..

Reasons

1. The following facts are significant in this court:

The Intervenor appointed the Intervenor as a full-time teacher for the Plaintiff, and the re-appointed intervenor recruited the Intervenor “full-time teacher for the Non-Retirement Caller” on the condition that the Intervenor was a school juristic person establishing and operating the C University for the first term of appointment for one year, for a two-year period only once, and the total term of appointment for a two-year period not exceeding three years.

The plaintiff applied for the recruitment of the above "non-retirement Caller", and the intervenor appointed the plaintiff as an assistant professor of culture department (chemical department (chemical department) with the employment period from March 1, 2005 to February 28, 2006. The above employment period from March 1, 2006 to February 29, 2008 was determined as of February 1, 2006.

B. On October 25, 2007, the Intervenor notified the Plaintiff of the expiration of the term of appointment for the Plaintiff on February 29, 2008, pursuant to Article 5, etc. of the Regulations on Non-Retirement Allowance in C University (hereinafter “disposition of Refusal of Appointment as of February 29, 2008”).

C. On February 29, 2008, the plaintiff filed a lawsuit seeking confirmation of invalidity of the disposition rejecting reappointment against the intervenor by asserting that he/she is entitled to deliberation on reappointment after the expiration of three years of total employment period and that he/she is subject to reappointment. The court accepted the plaintiff's above assertion and rendered a judgment that confirmed invalidity of the disposition rejecting reappointment against the plaintiff on February 29, 2008, and the above judgment became final and conclusive on February 14, 2013.

The plaintiff 208Gahap3743 delivered on Nov. 12, 2008, the summary of the case number judgment of the court of first instance and the plaintiff 2008Gahap3743 delivered on Nov. 12, 2008.

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