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(영문) 창원지방법원 2015.06.30 2014구합22432
학칙개정처분 무효 확인 청구 등의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is an organization comprised of professors belonging to the Gyeongnam National Institute of Science and Technology in accordance with Article 30 of the school regulations of this case and the regulations of the Gyeongnam National Institute of Science and Technology.

B. Article 28(2) of the school regulations of this case, which was amended by Regulation No. 225 of Sept. 30, 2014, and Article 5(1) of the Regulations of this case, stipulated the composition of the personnel committee as “eight or more assistant professors or higher, designated by the president on the recommendation of the Plaintiff,” but the Defendant amended Article 28(2) of the school regulations of this case and Article 5(1) of the Regulations to exclude the Plaintiff from the Plaintiff’s recommendation regarding the composition of the personnel committee on September 30, 2014 as follows.

(hereinafter “Disposition”). After the amendment, the Personnel Committee under Article 28(2) of the School Regulations shall be comprised of at least eight assistant professors designated by the President and the President on the recommendation of the Superintendent and the Teaching Council, and at least two assistant professors shall be female professors.

The personnel committee shall be comprised of the Minister of Education, the Minister of Students, the planning director, the head of an industry-academic cooperation foundation, and at least five associate professors designated by the president, and at least two persons shall be female professors.

Article 5(1) of the Regulation of this case as above does not dispute [based on recognition] as mentioned above, Gap evidence Nos. 1, 2, 6 through 10, Eul evidence Nos. 1 through 9, 12 (including numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Article 28(2) of the instant school regulations and Article 5(1) of the instant regulations were stipulated on the recommendation of the Plaintiff by the president, upon the recommendation of the Plaintiff’s president, at the Gyeongnam National Institute of Science and Technology, on the part of the Plaintiff’s assertion, as well as on the part of the ex officio personnel committee members.

However, the defendant shall appoint teachers against the resolution of the personnel committee or renew the contract by the personnel committee.

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