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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the instant case
A. On March 1, 1998, after the Plaintiff was appointed as D of the Seoung University University, the Plaintiff was dismissed from office as of June 13, 2003 and dismissed as of July 30, 2003 from the Defendant while he was appointed as a associate professor until August 31, 2008.
B. On December 21, 2003, the Plaintiff filed a lawsuit seeking the revocation of the above removal disposition with the Chuncheon District Court 2003Guhap2623, and received a judgment in favor of the Plaintiff that revoked the disposition on February 9, 2006 on the ground that the procedure defect in the disposition was found. Accordingly, the Defendant’s appeal and appeal were dismissed, and the judgment became final and conclusive on November 13, 2008.
C. On December 19, 2008, the Defendant notified the Plaintiff of the dismissal on June 13, 2003 and the removal on July 30, 2003, as the dismissal on appeal of the Supreme Court became final and conclusive, that the Defendant was dismissed at the expiration of the term of appointment on September 1, 2008.
In addition, on the same day, the defendant notified the plaintiff of the application for deliberation on reappointment due to the expiration of the term of appointment and the submission of relevant documents (research records, etc. required for re-election) by January 6, 2009, and attached the standards for screening of appointment of ordinary public educational officials to the above notice.
E. The Plaintiff did not file an application for review of reappointment and submit relevant documents within the said period, and on January 14, 2009, the Defendant notified the Plaintiff of the purport that if the Plaintiff did not submit the documents by January 19, 2009, the Plaintiff would not intend to file an application for review of reappointment by extending the time limit for filing an application for review of reappointment once by January 14, 2009.
E. On January 16, 2009, the Plaintiff failed to submit to the Defendant a written application for review of reappointment and related documents with the Plaintiff’s mother-child status by January 6, 2009. ② The Defendant expired the term of appointment for the Plaintiff four months prior to the expiration of the term of appointment pursuant to Article 11-3(2) of the Public Educational Officials Act.