사립대학 교원에 대한 불이익처분과 법적 구제

• 영문명: The Disadvantage Disposition on the Private University Faculty and Legal Remedy - Focused on the Legal Status of the Private University Faculty on the Expiration of Appointment Term -
• 발행기관: 경희법학연구소
• 저자명: 오창수(Oh, Chang-Soo)
• 간행물 정보: 『경희법학』제45권 제1호, 143~186쪽, 전체 44쪽
• 주제분류: 법학 > 민법
• 파일형태: PDF
• 발행일자: 2010.03.30

영문 초록

A term appoint or reappoint contract system with regard to the guarantee of university faculty’s status has become a hot potato in university community. The status guarantee of the university faculty is necessary to the function. of university. All the while around status of the dismissed professor the Constitutional Court and the Supreme Court were torn between existing law and practice. But in 2003 the Constitutional Court and in 2004 the Supreme Court pronounced a sentence upon a dismissed professor in a national university having right of judging concerning reappoint of the professor. Thereafter not only Act for the Public Educational Personnel and Staff but the private school act has been completely revised. Now the dismissed professor in a private university have claims for the court. This article deals with the disadvantage disposition on the private university(college) faculty and legal remedy focused on the legal status of the private university faculty on the expiration of appointment term. In this article, I examine the legal remedy of the dismissed professor in a private university This article is composed as follows; In Chapter 1. I presented the purpose and scope of the context. In Chapter 2. I clarified legal character of employment of private university faculty. In Chapter 3. I surveyed overview of judicial remedy; Appeal for professor and administrative litigation. In Chapter 4. I studied reappointment contract and the legal status of the private university faculty on the expiration of appointment term.; (1) History of faculty reappointment system (2) Transition of judicial precedent of the Constitutional Court and the Supreme Court (3) Status of the dismissed professor (4) Refusal of reappoint and tort (5) Investigation of discussion. In Chapter 5. Finally I conclude that the status guarantee of the private university faculty is focused on the right to receive education of students.

목차

l. 머리말

ll. 사립대학 교원 임용행위의 법적성질

lll. 사법적 구제절차 개요

lV. 계약임용제와 임용기간이 만료된 사립대학 교원의 법적 지위

V. 맺는 말

키워드

교원지위법정주의 사립대학 교원 학교법인 기간임용 재임용 계약임용 소청심사 사립학교법 The guarantee of the college teaching staff s status Private university faculty Educational foundation A Term appoint Faculty reappoint system Reappoint contract The System of Appeal for Teacher The Private School Act.