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(영문) 서울행정법원 2017.06.15 2016구합76237
교원소청심사위원회 결정 취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On February 29, 2016, the Plaintiff served as the vice-president of the C University established by the Educational Foundation B (hereinafter “instant University”), and retired from the instant University.

(hereinafter “instant retirement”) b.

On April 22, 2016, the Plaintiff filed a petition for review with the Defendant seeking the revocation of the instant retirement.

(hereinafter referred to as “instant petition review”). C.

On June 15, 2016, the Defendant rendered a decision to dismiss the instant petition petition petition on the ground that “the Plaintiff was a teacher of the instant university at the time of the instant retirement.” Therefore, the Plaintiff did not qualify as the petitioner for the instant petition review, and thus, the Plaintiff did not constitute unlawful.” (hereinafter “instant disposition”).

[Ground of recognition] Unsatisfy, entry of Gap evidence 2, purport of whole pleadings

2. Whether the instant disposition is lawful

A. Article 14(2) of the Higher Education Act provides that “A faculty member to be assigned to a school shall be classified into professors, associate professors, and assistant professors, other than presidents or deans.” The Plaintiff is a vice president of the instant university, who is appointed as the vice president of the instant university and was acting for the president in the absence of president. The Plaintiff signed an employment contract (Evidence A(3) stating that the Plaintiff would serve as an employee of the instant university. The Plaintiff reported the appointment of the Plaintiff to the Pension Service for Private School Teachers and Staff of the instant university as an employee of the instant university, and the Plaintiff was not negligent in paying the Plaintiff’s pension as an employee.

Therefore, the instant disposition was unlawful on the ground that the Plaintiff was not a teacher of the University at the time of the Plaintiff’s retirement.

B. The details of the relevant statutes are as shown in the attached statutes.

C. To improve the position of one teacher and protect educational activities.

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