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1. Of the judgment of the court of first instance, the part of the claim for confirmation of invalidation of reappointment is revoked, and thus revoked.
Reasons
1. Basic facts
A. Since the Plaintiff was appointed as a full-time lecturer at C University established and operated by the Defendant on March 1, 200, the Plaintiff was appointed as an assistant professor on April 1, 2002 and as an associate professor on October 1, 2009.
B. On January 13, 2015, the Defendant: (a) asked C University Teachers’ Disciplinary Committee (hereinafter referred to as “the instant Disciplinary Committee”) to take disciplinary action on the following grounds: (b) on May 13, 2014, the Plaintiff talked about the foregoing facts at a meeting place, which is a doctor’s class meeting (hereinafter referred to as “Disciplinary Reason 1”); (c) on June 3, 2014, the Plaintiff stated that “A was mixed” and “A was divorced due to their nature” (hereinafter referred to as “Disciplinary Reason 3”); and (d) requested C University Teachers’ Disciplinary Committee (hereinafter referred to as “the instant Disciplinary Committee”) to remove the Plaintiff on June 3, 2015 following the instant disciplinary action.
(hereinafter referred to as “instant removal”). C.
On June 22, 2015, the Plaintiff filed an appeal review with the Teachers’ Appeal Committee on the instant disposition. However, on August 12, 2015, the Plaintiff, who was subject to a decision of dismissal from the Teachers’ Appeal Committee, filed an action for cancellation of the decision of the Teachers’ Appeal Committee (hereinafter “instant administrative litigation”), as Seoul Administrative Court 2015Guhap78267.
On October 27, 2016, the Seoul Administrative Court rendered a judgment revoking the decision of the Appeal Committee for Teachers with the purport that the dismissal decision is excessive, even though the grounds for disciplinary action No. 1 through No. 3 of the instant case were deemed to have been imposed, and the said judgment became final and conclusive on November 22, 2016.
Accordingly, on December 21, 2016, the Appeal Committee for Teachers revoked the removal of this case by making a review decision, and the defendant reinstated the plaintiff on the same day.
E. On February 17, 2017, the Defendant passed a resolution of the board of directors on February 17, 2017 on the grounds of the grounds for the instant disciplinary reasons.