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(영문) 대전지방법원 2015.07.22 2014구합102745
재임용거부처분취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the Plaintiff, including the part resulting from the supplementary participation.

Reasons

1. Details of the disposition;

A. The Plaintiff is an educational foundation established pursuant to Article 2(2) of the Private School Act, and established and operated Gwangju University pursuant to Article 2(1) of the same Act and Article 2 subparag. 1 of the Higher Education Act.

B. The Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) was newly appointed as a full-time lecturer on March 1, 1997 at the Department of Gwangju University, as a full-time lecturer on April 1, 1999, and was promoted as an associate professor on April 1, 2003 and as an associate professor on April 1, 2003, and was reappointed as an associate professor on March 1, 2004 as of March 28, 201 (as until February 28, 201).

On March 1, 2010, an intervenor excluded from the examination to promote as a regular professor, and March 1, 201, was reappointed as an associate professor on March 1, 201 as three years (til February 28, 2014).

C. On December 27, 2013, the personnel committee for faculty members of the Gwangju University deliberated and decided on the grounds that the Intervenor was disqualified from promotion and reappointment in the evaluation of the faculty members of the same university. On the same day, the president of the Gwangju University notified the Intervenor of his refusal to be reappointed.

On January 15, 2014, an intervenor appealed and filed a petition review seeking revocation of the rejection of reappointment to the defendant on January 15, 2014. On January 27, 2014, the plaintiff, at the proposal of the president of the Gwangju National University, issued a notice of rejection of reappointment to the intervenor, and the intervenor changed the object of the petition review on March 12, 2014 to the plaintiff's notice of rejection of reappointment as of January 27, 2014.

E. On March 26, 2014, the Defendant rendered a decision citing the Intervenor’s petition on the ground that “the Plaintiff’s rejection of reappointment as of January 27, 2014 was not notified by not later than two months before the expiration date of the appointment period in violation of the main sentence of Article 53-2(6) of the Private School Act, in violation of the latter part of Article 53-2(6) of the Private School Act, the Defendant did not specifically state the grounds for refusal of reappointment in violation of the latter part of the same paragraph, and there were procedural defects that did not

(hereinafter referred to as “instant decision”). [The grounds for recognition] did not dispute, Gap evidence Nos. 4, 5, 10 through 19 (including each number), and Eul.

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