logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2019.11.05 2019나2025446
재임용거부처분무효확인 등
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.

Reasons

The court of first instance accepted the plaintiff's claim seeking confirmation of invalidity of the disposition rejecting reappointment and dismissed the claim for damages. As such, the court of first instance appealed on the part against the defendant only, the scope of the court's appeal is limited to the claim for confirmation of invalidity of the disposition rejecting reappointment.

The reasoning for the court's explanation of this case is as follows, except for the addition or dismissal as mentioned below 3, and therefore, it is identical to the entry of invalidity confirmation of a disposition rejecting re-election among the reasons for the judgment of the court of first instance, and thus, cites it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act. The part which is dismissed or added is "(Article 4 and No. 5) of the judgment of the court of first instance, 5 and 6 of the judgment of the court of first instance."

"No. 4, No. 5 (Article 4, No. 5). The detailed allocated points shall be as specified in attached Table 1 for the evaluation of achievements, and the score calculated accordingly shall be as specified in attached Form 2 for the evaluation of the teaching service in attached Form 2 (hereinafter referred to as "the evaluation of this case").

As seen above, five points shall be added to a person who received a prize or decoration during the period subject to evaluation, and five points shall be reduced when there is a heavy disciplinary measure, and two points when there is a minor disciplinary measure (Articles 5(3) and 7). Also, the evaluation of reappointment shall be conducted three months prior to the scheduled date of reappointment (Article 13(2)). In addition, the first instance judgment of the court of first instance (hereinafter “instant disciplinary measure”) in the fourth 10th 12th 4th 12th 4th 4th 4th 4th 4th 12th 2th 2th 2th 2nd 2nd 3th 2nd 3th 2nd 3th 2nd 2nd 3th 3th 2nd

The term of office of the defendant in the fifth part of the judgment of the court of first instance shall be "the term of office of the plaintiff".

The fifth and nine acts of the judgment of the first instance court are as follows.

“B) The instant disposition rejecting the reappointment is unlawful as it deviates from discretion and is deemed unlawful.

for the following reasons:

arrow