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(영문) 대구고등법원 2010.12.02 2009나7244
교수지위확인 등
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

The defendant.

Reasons

1. The following facts do not conflict between the parties, or are found to have collected the purport of the entire pleadings in each entry of Gap evidence Nos. 1 to 4, evidence No. 5-1, 2, 3, Gap evidence No. 8, 10, Eul evidence No. 1, 2, 3, and 5.

On July 1, 1982, the Plaintiff was newly appointed as an associate professor at a medical college operated by the Defendant, and was promoted to the associate professor at a medical college on October 1, 1984. On October 1, 1988, the term of office was set at ten years, and served as a professor at a medical college.

B. On January 20, 199, the Defendant held a review committee for appointment of teachers whose retirement age is guaranteed and examined the proposal for appointment of teachers whose retirement age is guaranteed to the Plaintiff. The committee decided that the Plaintiff is disqualified.

C. On January 21, 199, the Defendant issued a notice to the Plaintiff that “the Plaintiff’s contract for the appointment of teaching staff as of October 1, 198 shall expire on February 28, 1999” (hereinafter “instant disposition for refusal of reappointment”) upon the date when the motion for dismissal was passed by the teachers’ personnel committee held on February 2, 199 and the board of directors held on February 2, 199.

Article 24 of the Regulations on the Personnel Management of Teachers, which the Defendant determines, provides that “The appointment of teachers to guarantee their retirement age shall be applied to the head of the school affairs division via the head of the department to which the relevant teacher belongs (paragraph (1)); the committee for the examination of appointment of teachers eligible for retirement age shall examine whether the results of the evaluation of achievements under the Regulations on the Evaluation of Teachers' Duties of the relevant teachers meet the criteria for retirement age (Paragraph (2)); and the president shall, after reviewing the results of the examination, recommend the relevant teachers’ meeting

Article 25 (5) of the above personnel regulations provides that teachers eligible for retirement age shall hold a doctorate in principle, but in the case of teachers who do not hold a doctorate, accumulated research units after acquiring a bachelor's degree pursuant to the Regulations on the Evaluation of Teachers' Duties shall be at least 1,000.

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