사립대학교 교수에 대한 직위해제처분이 불법행위가 되기 위한 요건 및 그에게 비전공과목 강의를 의사에 반하여 배정한 것이 불법행위를 구성하는지 여부 －대법원 2008. 6. 26. 선고 2006다30730 판결－

Subject decision results from judging that a release of a professor of the defendant’s private university from his position is a tort. Deciding whether a release of teaching professionals from their positions in private schools is a tort, is based on ‘whether it satisfies the requisite of “the obvious case that goes against common sense and/or acceptable social rules”’ as when a decision is made on whether a certain disciplinary action is a tort. This writer agrees on overall basis of the decision but does not agree with the statement that it is necessary to be more cautious to judge releases from positions than on taking disciplinary actions. On the contrary, this writer thinks that some intentions and negligences should be presumed because releases from positions are discretionary acts on the part of the school owner, and no chances for presenting necessary evidences or making self-defending statements are given to the teaching professionals who are going to be released from their positions. the subject decision will set a good precedent for personal legal interests of professors as employees, since it clearly states that assigning of non-major subjects to the teacher against his will is a tort.