講義全擔敎授 再任用拒否處分의 處分性

Abstract

This thesis analyzes the refusal disposition of review for reappointment of full-time teaching lecturers as the object of revocation litigation. The research methods employed in this thesis include examining the development of case laws and legal system in Korea. Before the system to review reappointment of professors in universities was enforced, the status of professors in universities was guaranteed until the retirement. The Korean government introduced a system to review reappointment of professors in universities in 1975 to strengthen research activities and to raise up the quality of education. Under this system Faculty members of a university can be appointed on specified terms as service period. In the case of expiration of appointment, professors may apply for review for reappointment. Some professors who applied review for reappointment instituted the revocation litigation of the disposition of review for reappointment. Because their application of the review for reappointment was refused. But these requests were not accepted and reviewed by the constitutional court, the administrative court and the civil court for a long time. These courts thought that there was no cases and controversies in this problem. But these attitudes of the courts were criticized severely by the scholars and experts in this field. This kind of approach towards the problem by courts removed all possibilities of judicial remedy. The Korean constitutional court changed the case law related to this problem in 2003. According to the revised judgment of the korean constitutional court, statutes related to this problem were amended. Some problem was still remained unresolved. The refusal disposition of review for reappointment of full-time teaching lecturers as the object of revocation litigation to admit or not was controversial. The Korean supreme court admitted the refusal disposition of review for reappointment of full-time teaching lecturers as the object of revocation litigation through 2009. 10. 29. judgment. After this judgment by the Korean supreme court, Ministry of education, science and technology plan to amend statute related to this problem.