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(영문) 대전지방법원 2017.04.26 2017구합100146
재임용거부처분취소처분취소
Text

1. On November 23, 2016, the Defendant filed a claim for revocation of a disposition rejecting reappointment between the Plaintiff and the Defendant’s Intervenor (2016-656).

Reasons

The plaintiff is a school foundation that establishes and operates C University.

On April 1, 2014, the Intervenor joining the Intervenor (hereinafter referred to as the “ Intervenor”) was newly appointed as C.C. and served as a major professor for industry-academic cooperation at C.C. University (from April 1, 2014 to February 29, 2016).

On December 24, 2015, the chairperson of C University Teachers Personnel Committee (hereinafter “Personnel Committee”) of C University Teachers Personnel Committee of Korea (hereinafter “Personnel Committee”) issued an explanation that the intervenor failed to meet the criteria for reappointment on November 27, 2015. The intervenor submitted explanatory materials to the Personnel Committee.

On December 24, 2015, the Plaintiff notified the Intervenor of his refusal to be reappointed.

On January 21, 2016, an intervenor filed a petition with the Defendant seeking revocation of the disposition of rejection of reappointment, and on March 9, 2016, the Defendant rendered a decision to revoke the disposition of rejection of reappointment on the grounds that the Plaintiff did not specify the grounds for rejection and procedural defects that did not provide an intervenor with an opportunity for substantial explanation.

(School Teachers' Appeal Committee 2016-54). On August 30, 2016, the chairperson of the Labor Relations Commission notified the Intervenor that the personnel committee will be held on June 15, 2016 and granted the Intervenor an opportunity to submit opinions.

On June 15, 2016, the personnel committee deliberated that the intervenor's service evaluation scores fall short of the standard points (160 points) and failed to meet the requirements for reappointment while the intervenor was present at the meeting, and then decided to re-examine the above agenda.

On June 21, 2016, the chairperson of the personnel committee notified the intervenor that the personnel committee will be held on July 11, 2016 and provided an opportunity to present opinions.

On July 11, 2016, the personnel committee re-examines the issue of the re-election of the intervenor while the intervenor attends the meeting, and is disqualified for the appointment of the intervenor.

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