사립대학 교원에 대한 불이익처분과 법적 구제

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 -

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.