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(영문) 부산지방법원 2019.05.16 2018가합44940
파면처분무효확인
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On March 1, 2011, Plaintiff A entered into an employment contract with the president of C University on April 1, 2014, and entered into a contract for the employment of the president of C University and C University. Plaintiff B entered into a contract for the employment of the president of C University and C University Medical Faculty of D University on April 1, 2014, and extended the term of the contract from April 1, 2018 to March 31, 2024. The term of the contract was extended from April 1, 2018 to March 31, 2024, which the Plaintiffs entered into with the president of C University for the employment contract and the employment contract (hereinafter “each employment contract of this case”).

(A) Under each employment contract of the instant case, the term “A” refers to the president of C University and “B” refers to the Plaintiffs). Article 5 (Duties of “B”) (1) of the Enforcement Rule on the Management of C University Professors Funds shall apply mutatis mutandis to matters concerning the service of public officials pursuant to the Regulations on the Management of C University Professors Funds.

Article 7 (Cancellation of Contract) (1) "A" and "B" may terminate this contract where the terms and conditions of the contract are violated.

(2) “A” shall terminate this contract where the head of Cuniversity Hospital, who is liable to pay for the purpose deposit, has suspended the funding necessary for the treatment of the Fund professor.

Article 8 (1) (Other Matters) (1) Matters not specified in this Agreement shall be governed by the Regulations on the Operation of the Fund of the Cuniversity and the Detailed Regulations on the Operation of the Cuniversity Fund.

B. The Plaintiffs were indicted as to each of the instant facts charged (hereinafter “each of the instant facts charged”) as follows. On March 15, 2018, the lower court found the Defendants guilty of both the aforementioned facts charged, and issued a summary order of KRW 7 million and KRW 11,861,00 as to the Plaintiff A, and KRW 7 million as to the Plaintiff B, and KRW 12,173,000 and KRW 12,173,00 as to the penalty surcharge, which became final and conclusive around that time.

Plaintiff

A.

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