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(영문) 대전지방법원 2019.05.14 2018가단17966
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 1, 2002, the Plaintiff was appointed as a faculty member of the E University established and operated by the educational foundation D on October 1, 2004, and was promoted as an assistant professor on October 1, 2004, as an associate professor on October 1, 2010, as an associate professor on October 1, 201, and as a professor on September 1, 2016.

B. Meanwhile, according to Article 14 of the Regulations on the Personnel Management of Faculty of E University, the president shall examine whether the former faculty member prior to the retirement age meets all the standard points and minimum requirements corresponding to the required period for each relevant class under Article 5 of the Regulations on the Personnel Management of Faculty Members, and shall request the president to recommend the appointment according to the results of the examination. If the president examines the conditions of promotion and determines that there is no defect, the president shall consent to the proposal for promotion, and the president shall request the president to promote.

C. In addition, according to Article 52, 53, and 54 of the school juristic person D articles of incorporation, the teachers' personnel committee shall be composed of seven associate professors or more appointed by the head of the school, including the principal of the school and the principal of the school, and the chairman shall be in charge of the principal of the school. When the principal of the school intends to recommend appointment and dismissal of professors, associate professors, and assistant professors, matters concerning the consent to appointment and dismissal shall be deliberated in consideration of the research performance and specialized field of the relevant teacher, student professors, research and life guidance, the ability and performance of the relevant teacher, compliance with the education-related Acts and subordinate statutes, and the maintenance of dignity as a teacher faithful to the founding ideology.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4 (including additional numbers), Eul evidence 1 to 4, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Defendant asserted that the Plaintiff met all necessary requirements for the promotion of professors on March 2016, when he/she was in office as the Head of E University Department, such as the Plaintiff’s personnel management regulations and faculty evaluation regulations, but there is no ground for the Plaintiff’s examination of the promotion of professors.

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