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(영문) 서울중앙지방법원 2021.01.08 2018가합565401
승진임용 탈락결정 무효 확인 등
Text

The Defendant against the Plaintiff:

(a)decision of revocation of appointment by promotion on March 1, 2014;

(b) September 1, 2014

Reasons

1. Basic facts

A. On March 1, 2005, the Plaintiff is appointed as a full-time lecturer at a college of Korea and a college of Korea, who is operated by the Defendant, as an assistant professor on September 1, 2005, and as an associate professor on March 1, 2009, respectively. On March 1, 2015, the Plaintiff was reappointed as an associate professor on March 1, 2015 (the period of reappointment between March 1, 2015 and February 28, 2018).

B. Of the Defendant’s school regulations, the provisions pertaining to this case are as follows:

Article 14 (Re-Appointment) (1) of the Regulations on the Personnel Management of Faculty Members in Medical Service (hereinafter referred to as the "Personnel Regulations") (re-election) (1) Where the term of appointment under Article 8 expires and meets all the standards necessary for re-elections as a result of the evaluation of achievements and attitude of employment during the current term

(2) The term of appointment for the same position of a teacher not promoted shall be limited to once, and the maximum term of appointment for the same position shall be nine years for associate professors and nine years for assistant professors (hereinafter referred to as "period of service") including the number of the retirement age who has served in the same position (hereinafter referred to as "period of service");

(proviso) ① Criteria for publication of thesis necessary for appointment for promotion by position, standards for deliberation of achievements, standards for personnel deliberation, standards for evaluation of lectures, etc. shall be separately prescribed by the detailed rules for implementation.

Article 16 (Minimum Service Period of Appointment for Promotion) (1) The minimum service period required for appointment for promotion shall be as follows:

(proviso) Associate professors: Five years;

2. Associate professors in an assistant professor: Article 18 (Appointment Guaranteeing Age) (1) A person who meets the standards for promotion to professors may be appointed as a professor guaranteeing retirement age by the time his/her appointment is completed, without taking procedures for reappointment;

Article 19 (Evaluation of Achievements and Personnel) (2) With respect to all teachers other than those who guarantee retirement age teachers, they shall have character and dignity as teachers at the end of each semester, endeavor to develop universities and colleges, cooperation in the operation of academic affairs, endeavor to realize the founding ideals.

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