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(영문) 서울중앙지방법원 2017.08.31 2017가합506191
재임용거부처분 무효확인 등
Text

1. It is confirmed that the Defendant’s disposition rejecting the reappointment of the Plaintiff on June 29, 2016 against the Plaintiff is invalid.

2. The defendant.

Reasons

1. Basic facts

A. The defendant is a school foundation that operates C University. The plaintiff is a teacher who was newly appointed as a full-time lecturer at C University D Campus law course on September 1, 2006 and served on September 1, 2007 as an assistant professor and a associate professor on September 1, 2010 and until August 31, 2016, the expiration date of employment.

B. On April 20, 2016, the president of Cuniversity notified the Plaintiff that the term of appointment expires as of August 31, 2016 under Article 10-2 of the Regulations on the Personnel Management of Faculty Members of C University. If the Plaintiff wishes to be reappointed, the president of Cuniversity sent a notice to the Plaintiff to the effect that he/she would express his/her “as of August 31, 2016” and “as of May 2016, the Plaintiff submitted a confirmation certificate stating his/her “as of May 31, 2016.” After the Plaintiff submitted a confirmation certificate stating his/her “as of May 31, 2016,” the Defendant held a teachers’ personnel committee to deliberate on whether he/she is reappointed to the Plaintiff. On June 9, 2016, the Plaintiff decided to hold the teachers’ personnel committee to notify the Plaintiff of his/her disapproval.

3) According to the above resolution, on June 9, 2016, the president of Cuniversity sent a notice of non-appointing the appointment to the Plaintiff stating the following contents, and notified the Plaintiff of his/her objection by June 23, 2016. 2. As a result of deliberation on whether he/she is reappointed in accordance with the procedures specified in Article 10-2 of the Regulations on the Personnel Management of Cuniversity Faculty Members, it is known that the “non-appointing the appointment” was determined. B. Relevant grounds: The term “re-election” includes the term “re-election” in the employment contract (from September 1, 2010 to August 31, 2016), but is unified into the term “re-election”.

After the expiration of the contract period of the plaintiff, the plaintiff's research performance is required during the contract period in accordance with the rules on the evaluation of teaching staff of Cuniversity and the enforcement rules.

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