Law Viewer

Back Home

SPECIAL ACT ON THE REMEDY FOR UNIVERSITY FACULTY MEMBERS WHOSE PROFESSORSHIP IS LOST BY THE EXPIRATION OF APPONTMENT TERM

Act No. 7583, Jul. 13, 2005

Amended by Act No. 8416, May 11, 2007

Act No. 8852, Feb. 29, 2008

Act No. 10866, Jul. 21, 2011

Act No. 11690, Mar. 23, 2013

Act No. 13936, Feb. 3, 2016

 Article 1 (Purpose)
The purpose of this Act is to protect rights and interests of university faculty members who have been unfairly excluded from reappointment upon the expiration of the term of appointment under the fixed-term appointment system for faculty members of national, public, and private universities and to provide them with remedies by granting opportunities for reviewof reappointment.
 Article 2 (Definitions)
The terms used in this Act shall be defined as follows:
1. The term "fixed-term appointment system for university faculty members" means the system, under which university faculty members are appointed for a fixed term and dismissed upon the expiration of the fixed term, which was introduced on or after July 23, 1975 pursuant to the Public Educational Officials Act (Act No. 2774) or the Private School Act (Act No. 2775);
2. The term "exclusion from reappointment" means that a faculty member appointed under the fixed-term appointment system for university faculty members is excluded from reappointment by the person who had the authority to appoint him/her or the person who had the authority to appoint and dismiss him/her on or before the date before the Private School Act (Act No. 7352) or the Public Educational Officials Act (Act No. 7353) enters into force on the ground that the term of appointment expired (including cases where a lawsuit had been filed in protest against dismissal, expulsion, or termination but a court made a judgment that the claim lacked merits since the term of appointment expired during proceedings of the lawsuit and cases where a court made a judgment for the plaintiff who had filed a lawsuit to protest against dismissal, expulsion, or termination, but the plaintiff has not been reappointed on the ground that the term of appointment expired) or that the faculty member failed to meet the criteria for review of reappointment;
3. The term "review of reappointment" means that the Special Appeals Commission for Faculty Members under Article 3 examines whether a faculty member has been unfairly excluded from reappointment in accordance with the guidelines for examination under Article 7, among faculty members who have been excluded from reappointment.
 Article 3 (Establishment, etc. of Special Appeals Commission for Faculty Members)
(1) The Special Appeals Commission for Faculty Members (hereinafter referred to as the "Commission") shall be established under the Appeals Commission for Teachers established pursuant to the Special Act on the Improvement of Teachers' Status to take charge of review and litigation on the reappointment of faculty members excluded from reappointment.
(2) The Commission shall take charge of the following works: <Amended by Act No. 8416, May 11, 2007>
1. Review of the appointment of faculty members excluded from reappointment;
2. Lawsuits filed by parties who protest against results of review of reappointment;
3. Deliberation and decision-making on other matters necessary for review of reappointment.
(3) The Commission shall be comprised of not less than five but not more than nine members, including one chairperson, and the Chairperson of the Appeals Commission for Teachers shall concurrently serve as the chairperson, while two members shall be standing members.
(4) Members of the Commission shall be appointed by the President of the Republic of Korea on the recommendation of the Minister of Education from among the following persons: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10866, Jul. 21, 2011; Act No. 11690, Mar. 23, 2013>
1. A person who has served or has been serving as a judge, public prosecutor, or attorney-at-law for not less than five years;
2. A person who has served or has been serving as an assistant professor or in a higher position at a university for not less than ten years;
3. A person who has served or has been serving as a Grade-III or higher-ranking public official in an educational administrative agency;
4. An executive of a legal entity that has established and runs a private university or the administrator of a private university.
(5) The Commission shall remain in existence until all affairs for review of reappointment are completed, and the term of office of each member shall be equal to the period of existence of the Commission.
(6) When the Commission deems it necessary for performing its affairs, it may request a state agency or local government to dispatch public officials.
(7) When the Commission deems it necessary for performing its affairs, it may request a related agency or institution to submit necessary data, etc.
(8) Matters necessary for the composition, operation, etc. of the Commission shall be prescribed by Presidential Decree.
 Article 4 (Review, etc. of Special Reappointment)
Even though a faculty member excluded from reappointment has already contended about whether the decision to exclude him/her from reappointment was appropriate through a decision made based on review by the Appeals Commission for Teachers or a lawsuit filed with a court, he/she may file an appeal for review of reappointment under this Act.
 Article 5 (Appeals for Review of Reappointment of Persons who Retired or Died)
(1) A person excluded from reappointment may file an appeal for review of reappointment, even where he/she has already attained, or exceeded, the age of retirement for university faculty members.
(2) Where a person excluded from reappointment dies, his/her heir may file an appeal for review of reappointment.
 Article 6 (Deadline for Filing Appeal for Review of Reappointment)
A person excluded from reappointment may file an appeal for review of reappointment with the Commission within six months from the date this Act enters into force.
 Article 7 (Guidelines for Examination)
In conducting review of reappointment of faculty members excluded from reappointment, the Commission shall establish guidelines for examination as to whether the exclusion from reappointment had been made with justifiable and objective grounds in regard to matters regarding education of students, scholarly research and study, the guidance for students, and matters prescribed by rules and regulations of each university regarding reappointment.
 Article 8 (Decision on Review of Reappointment)
(1) The Commission shall make a decision as to whether the exclusion from reappointment was appropriate within 180 days from the date on which an appeal for review of reappointment was filed: Provided, That if no necessary information is available for the judgment on the appropriateness of the exclusion from reappointment due to the destruction of documents related to the exclusion from reappointment, the dissolution of the relevant school foundation, or any extenuating circumstance, the period specified above may be extended up to 30 days upon resolution by the Committee.
(2) Matters necessary for the procedure for review, including the procedure for filing appeals for, and the examination and decision-making as to review of reappointment shall be prescribed by Presidential Decree.
 Article 9 (Effect of Decision on Review of Reappointment)
(1) Deleted. <by Act No. 8416, May 11, 2007>
(2) Where a person who had the authority to appoint faculty members as at the time the exclusion from reappointment was decided has been replaced by other person, the effect of the decision on review of reappointment shall bind the person who has universally succeeded to the appointing authority.
[Article 9 (1) is deleted by Act No. 8416 on May 11, 2007, pursuant to a decision of unconstitutionality by the Constitutional Court of Korea rendered on April 27, 2006.]
 Article 10 (Application Mutatis Mutandis of the Special Act on the Improvement of Teachers' Status and the Protection of Their Educational Activities)
(1) As to the prohibition of members of the Commission from holding concurrent office and the guarantee of their status, Article 8 (3) and (4) of the Special Act on the Improvement of Teachers' Status and the Protection of Their Educational Activities shall apply mutatis mutandis. <Amended by Act No. 13936, Feb. 3, 2016>
(2) As to decisions by the Commission, Article 10 (3) of the Special Act on the Improvement of Teachers' Status and the Protection of Their Educational Activities shall apply mutatis mutandis. <Amended by Act No. 13936, Feb. 3, 2016>
ADDENDUM
This Act shall enter into force three months after the date of its promulgation.
ADDENDA<Act No. 8416, May 11, 2007>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measure concerning Transfer of Remaining Affairs of Committee) The litigation and other affairs remaining after the closing of the examination and decision-making on appeals filed for review of reappointment under this Act shall be transferred to the Appeals Commission for Teachers under Article 7 of the Special Act on the Improvement of Teachers' Status.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 10866, Jul. 21, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 13936, Feb. 3, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.