Article 1(Purpose) #
The purpose of this Decree is to prescribe matters delegated by the Special Act on the Remedy for University Faculty Members Whose Professorship Is Lost by the Expiration of Appointment Term and matters necessary for the enforcement thereof.
Article 2(Operation of the Special Committee for Appeals of Faculty Members) #
(1) The chairperson of the Special Committee for Appeals of Faculty Members under Article 3 (1) of the Special Act on the Remedy for University Faculty Members Whose Professorship Is Lost by the Expiration of Appointment Term (hereinafter referred to as the “Act”) shall convene and preside over the meetings of the Committee (hereinafter referred to as the “Committee”).
(2) Where the chairperson (hereinafter referred to as the “Chairperson”) is unable to perform their duties due to any compelling reason, a standing member designated by the Chairperson shall act on their behalf.
(3) The Committee shall convene with the attendance of a majority of all incumbent members and shall adopt resolutions by a majority vote of the members present: provided, this shall not apply to decisions made under Article 8 (1) of the Act.
(4) The Chairperson may have a standing member handle part of the tasks concerning preliminary reviews, etc. necessary for the re-evaluation of reappointment under Article 2 (3) of the Act (hereinafter referred to as “re-evaluation of reappointment”).
(5) Except as otherwise provided in this Decree, matters necessary for the operation of the Committee shall be determined by the Chairperson through a resolution of the Committee.
Article 3(Administrative staff) #
(1) Public officials seconded from a state agency or local government to the Committee pursuant to Article 3 (6) of the Act shall perform the administrative affairs of the Committee under the direction of the Chairperson.
(2) Public officials seconded to the Committee under paragraph (1) may attend and speak at the meetings of the Committee.
Article 4(Request for re-evaluation of reappointment) #
(1) A person who intends to request a re-evaluation of reappointment shall submit to the Committee a written request for re-evaluation of reappointment stating the following matters, along with one duplicate thereof: <Amended on Dec. 30, 2015>
1. Name, date of birth, address, and phone number of the person requesting the re-evaluation of reappointment (hereinafter referred to as the “claimant”);
2. Name of the university to which the claimant belonged (in the case where the heir of a faculty member who was denied reappointment and has deceased requests the re-evaluation of reappointment pursuant to Article 5 (2) of the Act, “claimant” shall refer to the deceased faculty member; the same shall apply hereinafter in this Article), and the position held at the time of the denial of reappointment under subparagraph 2 of Article 2 of the Act (hereinafter referred to as “denial of reappointment”);
3. The respondent (referring to the appointing or dismissing authority of the claimant at the time of the denial of reappointment; where the President was the appointing authority, the person with the power to recommend the appointment; and where the appointing or dismissing authority has changed, the person who has comprehensively succeeded the authority; the same shall apply in cases where the Regulations on Appeals of Faculty Members are applied mutatis mutandis under Article 6);
4. Details of the denial of reappointment that is the subject of the request for re-evaluation;
5. The purpose of the request for re-evaluation of reappointment;
6. Grounds for the request for re-evaluation of reappointment and methods of proof. (2) Where the claimant possesses a statement of reasons or personnel notice issued by the appointing or dismi ssing authority at the time of the denial of reappointment, a copy thereof shall be attached to the written request for re-evaluation of reappointment under paragraph (1).
(2) Where the claimant possesses a statement of reasons or personnel notice issued by the appointing or dismissing authority at the time of the denial of reappointment, a copy thereof shall be attached to the written request for re-evaluation of reappointment under paragraph (1).
Article 5(Request for re-evaluation of reappointment by an heir) #
(1) Where an heir of a faculty member who was denied reappointment requests a re-evaluation of reappointment pursuant to Article 5 (2) of the Act, they shall attach documents proving that they are the heir to the written request for re-evaluation of reappointment under Article 4 (1).
(2) Where an heir of a faculty member who was denied reappointment fails to attach documents proving that they are the heir as prescribed in paragraph (1), the Committee may designate a period within 7 days from the date of receipt of the written request for re-evaluation of reappointment and order the claimant to supplement the request.
(3) Where three or more heirs of a faculty member who was denied reappointment jointly request a re-evaluation of reappointment, they may appoint no more than two representatives from among themselves (hereinafter referred to as “designated representatives”).
(4) Where three or more heirs of a faculty member who was denied reappointment jointly request a re-evaluation of reappointment without appointing designated representatives, the Committee may recommend that the claimants appoint no more than two designated representatives.
(5) A designated representative may perform all acts as a claimant in relation to the request, review, and decision on the re-evaluation of reappointment on behalf of the other claimants: provided, the withdrawal of a request for re-evaluation of reappointment shall require the consent of the other claimants, and such consent shall be substantiated in writing to the Committee.
(6) Once designated representatives are appointed, the other claimants may perform their acts as claimants concerning the re-evaluation of reappointment only through the designated representatives.
(7) Claimants who have appointed designated representatives may dismiss or replace them. In such cases, the claimants shall notify the Committee of the change without delay.
(8) Where two or more heirs of different faculty members respectively request a re-evaluation of reappointment, the Committee may consolidate the cases and review them together.
Article 6(Mutatis mutandis application of provisions) #
Matters concerning the request for re-evaluation of reappointment and the review and decision of the Committee not prescribed in this Decree shall be governed by the Regulations on Appeals of Faculty Members mutatis mutandis.