사립대학 교원의 재임용 심사기준에 대한 판례의 태도 - 대법원 2010. 10. 14. 선고 2010두13418 판결을 중심으로 -

Abstract

Professors of private universities who are employed as term-based faculty (non-tenure track faculty) can be considered as having rights under the law or as a matter of fair reasoning to request a fair evaluation process for their reappointment based on reasonable criteria, and they may reasonably expect to be reappointed upon successful fulfillment of the evaluation criteria concerning their abilities and qualities. Private universities should develope and use their own criteria for reappointment; appointment guidelines which specify in detail evaluation methods for rehiring, scope and definition of acceptable research products, selection criteria for the evaluation panel. All of these points are backed by various facts on record revealing the current practices of reappointing term professors and related social understandings thereof. Private universities should make evaluation criteria ; make the detail of evaluation criteria reasonable ; make evaluation process fair ; make due process. Subject decision results from judging that no minimun evaluation criteria for the reappointment do not make all criteria unreasonable. The attitude of subject decision makes sense and can be endorsed.