교수재임용에 관한 대법원 판례의 변경과 그 의의

Abstract

According to the previous judicial precedent, that the rejection of renewal of the professor’s employment cannot be the object of the judicial review, there was no legal remedies for the rejected professor. But this not recognizing the remedies of unfair rejection of renewal was blamed as the serious threat of the academic freedom. In 2003, the Korean Constitutional Court made decision that the previous Private School Law §11 Amendment 2 did not agree with the Constitution, stating that the fundamental status of professors should be regulated by law. After that, the Korean Supreme Court also changed its long<&23927>time repeated precedents that dismissal of professor by the college authority cannot be the object of judicial review. The change of the judicial precedents by the Courts is based on the confirmation that professors generally have the rights to expect renewal and/or reappointment at end of contract. Furthermore, dismissed professors are given the Rights to be reviewed judicially under the principle of the due process of the Korean Constitution. However, it would be reasonable to consider the recognition of Standing and not the matter of object of the judicial review.