The court ruled that it would be unfair to dispose of the dismissal and faculty of the department in question by restructuring without properly collecting the opinions of the university members. There was a precedent that the university couldn't dismiss related faculty after voluntarily removing the department.
The Seoul Administrative Court Division 5 (President Yang Joon Park) announced on November 18 that Mr. A, who had been dismissed from faculty at the university, won the plaintiff in a lawsuit against the Faculty Appeals Review Committee that said, “Cancel the decision to review”.
The B University held the 1st Academic Affairs Committee in 2013 and decided to increase the number of students enrolled in the department where Mr. A served as a professor. However, the 2nd and 3rd Academic Affairs Committee overturned this opinion and decided to abolish the department in line with the direction of university specialization and development.
In 2014, the President of the University B proposed an amendment to the school regulations that reflected the results of the adjustment of the admission quota. And in 2017, when there was no student enrollment in Mr. A's school, in February 2018, Mr. A was dismissed for reasons of abolition. Mr. A requested a review by the Teachers' Appeals Committee, but was dismissed.
Mr. A disagreed. He said, "The restructuring regulations were not enacted by legitimate procedures, and the abolition of the department is illegal because the opinions of the university members have not been collected." There is an illegal law that deviates and abuses discretionary rights without much effort."
The judiciary pointed out that "the restructuring regulation is illegal because it is difficult to see that B university has passed the public notice procedure just by issuing a letter of guidance to those who receive documents." "Unlike the restructuring regulations, there is no discernment that B University has the discretion to decide whether or not to revise some of the departments that meet the criteria for obstruction." But the value or meaning disappears), and the purpose of enactment is lost, and the arbitrary interpretation and execution of B University cannot be prevented."
In addition, "University B is even more serious in that it has already abolished the department where Mr. A had already served and stopped recruiting new students even before the school regulations were revised." "The reason was judged.
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If so, will the university have the power to dismiss its faculty members if they follow the law and proceed to close? There was also a ruling recently that gave an answer to this. On October 22, the 1st administration of the Daejeon District Court (Chief Court Chief Chun Seok Oh) announced on October 22 that Professor C dismissed the lawsuit filed against the School Foundation D Foundation.
E University, operated by the D Foundation, newly hired Mr. C as a full-time instructor in costume design since April 1992. Subsequently, in March 1996, he was appointed as an associate professor and from April 2001 as a professor of retirement security.
However, when the Department of Fashion and Cortination was abolished in 2004, Mr. C worked as a department head or professor of retirement age for other departments such as the Pet Department. In 2016, the university moved back to the Faculty of Liberal Arts with the abolition of the department where Professor C was in charge of the department head. However, there was no subject related to C's major in the Faculty of Liberal Arts. For this reason, Mr. C did not give any lectures while being paid.
Eventually, the E-Education Faculty Personnel Committee voted for Mr. C in February 2018, saying, ``It is not subject to abolition and disposition of faculty conversion.'' Mr. C filed a lawsuit, noting that he did not guarantee the opportunity to comment on his job.
However, the court did not accept Mr. C's claim. The judge said, "If there is no possibility of the evasion of a teacher's job dismissal (giving a different job, such as by issuing a change or relocation, instead of being dismissed), the judge can immediately exempt himself from going through the examination process." "There is no need to go through disciplinary procedures, such as giving a chance." In other words, even though efforts have been made to dispose of faculty members belonging to the corresponding department in the course of closing the course through a legitimate procedure, the resignation measures are legal if there is no breakthrough.
The number of faculty members who are being dismissed as'legitimate procedures' is expected to increase further due to the trend of a decrease in the number of college admissions. According to the Ministry of Education, the number of college admissions for 2018 was 483,000, and the number of freshmen expected to enter college in 2021, three years later, was 42,7566. In the 2021 school year, the Ministry of Education predicted that there would be 56,000 unsuccessful colleges and universities across the country, with more than 56,000 students.
This is a rough job