logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2019.05.23 2018가합31859
재임용거부처분무효확인 등
Text

1. It is confirmed that the Defendant’s disposition rejecting the reappointment of the Plaintiff on February 8, 2018, against the Plaintiff, is null and void.

2. The defendant shall be the plaintiff.

Reasons

1. Basic facts

A. On March 1, 2009, the Plaintiff entered into a contract with the Defendant for the appointment of a full-time teacher, and served as a full-time lecturer at Cuniversity D established and operated by the Defendant, and was promoted as an assistant professor on October 1, 201.

The Plaintiff was reappointed on September 1, 2014 at one year (from September 1, 2014 to August 31, 2015) and two times on September 1, 2015 (from September 1, 2015 to August 31, 2017).

B. On April 20, 2017, the Defendant notified the Plaintiff on April 20, 2017, which was four months prior to the expiration of the Plaintiff’s term of appointment pursuant to Article 53-2(4) of the Private School Act and Article 8-2(1) of the Regulations on the Personnel Management of Teaching Staff, that the Plaintiff may apply for deliberation on reappointment by the Teachers’ Personnel Committee (from September 1, 2014 to August 31, 2017).

C. Around that time, the Plaintiff applied for review of reappointment to the Defendant, and the Defendant’s rules of enforcement of the Rules on the Personnel Management of Teachers prescribed as follows with regard to the deliberation of reappointment applied to the Plaintiff

Article 13 (Re-contracts, etc.) (1) The adjustment of a contract and annual salary shall be deliberated upon by the Teachers' Personnel Committee in consideration of the achievements and attitudes of the period of evaluation and the standards for calculation of annual salary for full-time teachers of universities and colleges, model contracts, regular appointment contracts and re-contracts in attached Form 3

At this time, the teachers' personnel committee shall comprehensively consider whether the standards in attached Form 3 are met, the observance of the education-related Acts and subordinate statutes, the maintenance of dignity as a teacher, the implementation of the terms and conditions of re-contract specified in the contract, research and salary projects, and student guidance

[Attachment 3] The calculation of annual salary of full-time teachers, probationary contracts, regular appointment contracts, and re-contracts for university full-time teachers

4. Where a contract is under a contract for regular appointment. (4) Whether a contract is made and the annual salary adjustment rate shall be determined in consideration of the initial re-contract and annual salary adjustment rate of the full-time faculty under a contract for regular appointment with the following evaluation criteriaⅡ, or the evaluation criteria ゲ.

arrow