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(영문) 서울행정법원 2014.05.16 2013구합29148
재임용거부처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

As a school juristic person which establishes and operates the C University, an intervenor recruited “non-retirement track full-time teacher” on the condition that the initial term of appointment shall be one year and only one two years shall be reappointed, and the total term of employment shall not exceed three years. On March 1, 2005, with respect to the plaintiff who responded to the recruitment of “non-Retirement track full-time teacher,” the intervenor appointed the Plaintiff as a cultural assistant professor (major (major department) with the term of employment from March 1, 2005 to February 28, 2006, and appointed the term of employment from March 1, 2006 to February 29, 2008.

On October 25, 2007, the intervenor notified the plaintiff on October 25, 2007 that the term of appointment expires as of February 29, 2008 in accordance with Article 5 of the Regulations on Non-Retirementing Teachers.

Accordingly, the Plaintiff has the right to be deliberated on reappointment after the expiration of three years of total employment period, and the Plaintiff filed a lawsuit seeking confirmation of invalidity of the disposition of refusal of reappointment against the Intervenor, asserting that he/she is subject to reappointment, and the court affirmed the Plaintiff’s assertion and rendered judgment that the disposition of refusal of reappointment against the Intervenor on February 29, 2008 against the Plaintiff is invalid, and the said judgment became final and conclusive on February 14, 2013.

The main contents of the above prior suit (hereinafter “instant prior suit”) conducted between the Plaintiff and the Intervenor are as follows:

On November 12, 2008, the summary of the case number decision in the first instance court, the Seoul Northern District Court Decision 2008Gahap3743 decided Nov. 12, 2008, all of which dismissed the plaintiff's claims, the Seoul High Court Decision 2008Na11981 decided Apr. 23, 2010 that the intervenor against the plaintiff was null and void the disposition rejecting re-employment of the plaintiff on Feb. 29, 2008, and the intervenor's obligation to pay damages to the plaintiff is recognized. The plaintiff's claims for damages are related to the appellate court's decision.

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