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(영문) 서울행정법원 2020.06.11 2019구합76320
격리조치무효확인등
Text

1. The Defendant’s isolation measures against the Plaintiff on January 18, 2019 against the Plaintiff (hereinafter “victim”) and February 14, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff is a professor of the Department C of the National University, a National University.

(Article 9(1) and (4) and Article 11(1) of the Framework Act on Education, Articles 2 and 3 of the Higher Education Act, and Article 3 of the Decree on the Establishment of National Schools).

On January 18, 2019, the Defendant approved the instant internal decision-making document (hereinafter referred to as “instant internal decision-making document”) under the title “the report on the result of the Emergency Teaching Council” (hereinafter referred to as “the report on the result of the Emergency Teaching Council”).

The instant internal decision-making document contains the purport that “B University Emergency Professor was held on January 18, 2019 on the agenda of “B University’s Cruel Acts and sexual assault incidents,” and that “The FSC attended 51 of the total number of 109 professors (excluding eight professors on temporary retirement from office and research from among 117).”

[Objection] The defendant shall make a resolution on the above agenda at the above Emergency Teaching Board (hereinafter referred to as the "resolution of this case").

The contents of the agenda include ‘an isolation measure between the plaintiff and the injured student', and the grounds for the resolution are Article 19(5)2 of the school regulations.

[] Part of the contents of Article 19 of the school regulations is as follows: [The evidence Nos. 1, 7 (including serial numbers for those with serial numbers; hereinafter the same shall apply) and No. 3-5]. Article 19 (Professor Professor Association to deliberate on important matters concerning the education of the principal school.] Article 19 (The Teaching Council shall be established to deliberate on important matters concerning education of the principal school.

(2) A faculty council shall be comprised of full-time faculty members and the president shall serve as the president.

(4) The teaching society shall pass a decision with the attendance of a majority of registered members and concurrent votes.

(5) The faculty council shall deliberate on the following matters:

1. Matters concerning establishment, amendment, and repeal of school regulations;

2. Other important matters concerning the operation of the principal school.

C. On January 18, 2019, the principal of B University School: (a) sent an electronic official document with the content as indicated in the following box to the addressee; (b) the said electronic official document was made available to the Plaintiff on January 21, 2019, but the Plaintiff did not peruse the electronic official document made available to the Plaintiff; and (c) the Plaintiff did not peruse the electronic official document made available to the public.

§ 3.

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