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(영문) 서울중앙지방법원 2021.02.05 2019가합569837
정년트랙 전임교원 지위 확인의 소
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 1, 2009, the Plaintiff was employed as a non-exclusive teacher in two-year contract system at the Defendant’s C University’s non-retirement age, and started to serve as a full-time lecturer in international trade in the management university.

B. On April 29, 201, the Plaintiff was notified by the Defendant on April 29, 201 and applied for a new teacher appointment procedure, but was disqualified in the final appointment procedure.

On April 18, 2013, the Plaintiff filed a lawsuit against the Defendant for confirmation of status as a teacher by the Seoul Central District Court 201 Gohap 24533, and was sentenced to the judgment confirming that the disposition of refusal to re-election was null and void on April 29, 201 by the Defendant. The Defendant appealed, but the Defendant dismissed the appeal on June 9, 2014, and the Plaintiff was reinstated as a non-exclusive professor at C University’s retirement age on September 1, 2014.

(c)

The Plaintiff entered into a contract with the National Research Foundation of Korea for the performance of the research cost of KRW 26,250,000, from May 1, 2011 to April 30, 2012.

In this case, although the research fund card is used within the limit of the contract price, the plaintiff used 51,339,450 won more than 25,089,450 won for the research fund.

In this regard, on March 15, 2013, the Plaintiff received a summary order of KRW 1.5 million (hereinafter “instant summary order”) from the Seoul Eastern District Court on the embezzlement and breach of trust on March 15, 2013, and the said summary order became final and conclusive as it is.

(d)

On December 31, 2014, the Defendant: (a) received the instant summary order (hereinafter “the ground for the instant summary order”); (b) double publication (hereinafter “the ground for the instant disciplinary measure”); (c) misrepresentation of professor E University while in C University (hereinafter “the ground for the instant disciplinary measure”); (d) filing a criminal lawsuit against the other party to the faculty members and external examiners (hereinafter “the ground for the instant disciplinary measure”); (v) improper attendance management and sexual management (hereinafter “grounds for the instant disciplinary measure”); and (vi) dismissed the Plaintiff on the ground of disciplinary action.

E. The Plaintiff filed an appeal for cancellation of a disposition of dismissal with the Appeal Committee for Teachers, and the Appeal Committee for Teachers on March 25, 2015 constitutes a ground for disciplinary action against a teacher.

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