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(영문) 서울행정법원 2016.06.24 2015구합74876
교원소청심사위원회결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.

Reasons

The plaintiff is a school foundation that establishes and operates the C University, and the plaintiff is appointed as a professor on March 1, 2008 as C University Life Science University food engineering and professor.

The Intervenor was allocated C University D Camp E 5th 5th 501 and 503 and used as a faculty research room and graduate school students laboratory. However, on January 2013, the Intervenor rejected the Plaintiff’s request from the Plaintiff’s side to transfer the faculty research room and graduate school students laboratory to a life science museum. On August 19, 2013, the Intervenor refused to comply with the notification given by the Plaintiff’s Management Director that “If the faculty research room and laboratory are not transferred by August 26, 2013, the faculty research room and laboratory will take measures to cut the leaflets.”

C. On December 4, 2013, the president of the Cuniversity requested the Teachers’ Disciplinary Committee to decide on a disciplinary action against the Plaintiff, and on January 28, 2014, the Teachers’ Disciplinary Committee illegally occupied the Intervenor from February 1, 2014 on the ground that “the Intervenor refused to comply with the Plaintiff’s request for spatial relocation and illegally occupied the relevant space for at least one year by installing personal locks as prescribed in subparagraphs 501 and 503.”

2. Until February 28, 201, the Intervenor decided to suspend from office for one month (hereinafter “instant suspension from office”), and the Plaintiff, on February 3, 2014, failed to meet the continuous service period due to the instant suspension from office, and revoked the Intervenor’s research year on the ground that the Intervenor’s suspension from office failed to meet the continuous service period.

(2) On February 26, 2014, the Seoul Central District Court 2014Gahap10316 filed a lawsuit against the Plaintiff, the president of C University, and the Minister of Students on February 26, 2014 on the ground that the Plaintiff suffered any disadvantage or mental suffering on his/her property status in the course of responding to the Plaintiff’s request for the transfer of his/her office. The Intervenor filed a lawsuit seeking nullification of the instant suspension from office, revocation of research cancellation, and damages.

(hereinafter “instant civil lawsuit”). The dean of C University Life Science University around May 201 in the process of filing the instant civil lawsuit by the Intervenor around May 2014.

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