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(영문) 서울행정법원 2015.03.19 2014구합63206
임용무효통지 취소결정 취소 청구의 소
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

1. Details of the disposition;

A. The Plaintiff is an incorporated educational foundation that establishes and operates C. On September 1, 2005, the Intervenor was newly appointed as a full-time lecturer at the folks and cultural department at the above school (hereinafter “new appointment”) and on September 1, 2006, he was appointed as a future forecast department and treatment assistant professor at the future, and on March 1, 2008, was promoted as an assistant professor at the future forecast department and assistant professor (hereinafter “instant promotion”).

B. On February 1, 2010, the Plaintiff was reappointed as an intervenor as a future forecast department and assistant professor, and on September 1, 2012, the Plaintiff was reappointed as an assistant professor of the future strategic department.

C. On October 29, 2013, the Minister of Education notified the Plaintiff of an audit disposition, including the following, according to the results of the inspection of the actual status of vulnerable areas, such as a graduate school university or college conducted by the Board of Audit and Inspection:

On September 1, 2005, the Plaintiff’s universities employed a faculty member of the Folk Culture Department and Scenic Zone, consisting of all examiners as internal members, and even if the applicants were to have a doctorate in the major field among the applicants and meet the eligibility requirements for employment, the Intervenor, who had no relation to the major of the Folk Culture Department, was employed as a teacher.

On January 20, 2014, the Plaintiff notified the Intervenor of the result of the review by the 77th board of directors, which was applied mutatis mutandis pursuant to Article 53-4 of the Private School Act, and Article 11-2 of the Educational Officials Act and Article 4-3 (3) through (5) of the Decree on the Appointment of Public Educational Officials (hereinafter “instant disposition on the invalidation of appointment”) as of January 31, 2014.

E. On February 6, 2014, the Intervenor filed a petition for review with the Defendant seeking revocation of the instant disposition of invalidation of appointment. On April 30, 2014, the circumstance that the Intervenor did not hold a doctorate in the relevant major field is that the Intervenor did not teachers under the Private School Act.

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