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(영문) 대전지방법원 2020.01.16 2019구합561
부당해고구제재심판정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from participation.

Reasons

1. Details of the decision on retrial;

A. From September 1, 2014, the Plaintiff worked as a foreign guest research institute belonging to the Department of Language Education at B University International Cooperation Center, and gave lectures in English language to students and general public.

B. The Plaintiff entered into an employment contract with the president of the Intervenor B University (hereinafter “ Intervenor”) for a four-year term of contract as follows:

(hereinafter collectively referred to as “instant employment contract”). C.

An intervenor, around May 2018, Article 8 (Appointment) (2) of the Guidelines for Operation of the Foreign guest Institute in the Language Education Department of the Korea International Cooperation Center in the Foreign Language Department (hereinafter referred to as the “Guidelines”) (hereinafter referred to as the “Guidelines”). The term of appointment of the guest Institute shall be one year, and the term of appointment of the guest Institute may be renewed if necessary.

The reappointment shall be decided after deliberation by the review committee.

Article 9 (Review of Re-Appointment) (1) An examination of re-election shall be conducted by the guest research institute three months before the expiration of the contract.

(2) The head of the International Cooperation Headquarters shall organize a review committee pursuant to Article 7 to deliberate on evaluation data on reappointment.

(3) The examination materials for reappointment shall be the examination materials for lectures of the educational program taken by the guest research institute, who is subject to examination, up to the immediately preceding semester of the examination.

A review of the Plaintiff’s reappointment through the review committee. As a result of the review, the Plaintiff received a total of 39.87 points for lectures (average of the points calculated by converting the lecture points for each program that was in charge of the immediately preceding semester into 50 points) and 9.25 points for evaluation of examiners (total of 30 points), and 49.12 points for evaluation (total of 80 points).

An intervenor in May 31, 2018 shall terminate a labor contract as of August 31, 2018 and shall not conclude a renewal contract to the Plaintiff on May 31, 2018.

“The instant notification” (hereinafter “instant notification”). (e) On September 19, 2018, the Plaintiff filed a request with the Teachers’ Appeal Committee for an appeal on the instant notification. However, on November 7, 2018, the Plaintiff is governed by Article 17 of the Higher Education Act and Article 7 of the Enforcement Decree of the same Act.

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