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(영문) 서울행정법원 2014.08.21 2014구합2713

정교사1급자격증발급신청거부처분취소

Text

1. On October 30, 2013, the Defendant’s disposition rejecting the issuance of a Class 1 teacher qualification certificate against the Plaintiffs is revoked.

2...

Reasons

1. Details of the disposition;

A. The Plaintiffs are fixed-term teachers appointed pursuant to Article 32 of the Public Educational Officials Act or Article 54-4 of the Private School Act.

B. The Plaintiffs acquired class 2 regular teachers at secondary schools as listed below, and received a master’s degree at an educational graduate school.

Serial Name 2: A. 23 February 23, 2006; Korean Language Education Graduate School from March 24, 2008 to August 22, 2008; Chemical 22, August 22, 2008; J University Education Graduate School from October 1, 2009 to August 27, 2004; School 3 C. 6. 8. 27, August 27, 2004; School from August 27, 2004; University 20. 8. 8. 205; University from August 27, 2004; University 4D 1 to September 1, 2004; School from G. 208 to M. 208; School from G. 201 to G. 3. 28. 205; School from G. 2008 to G. 205. 28. 25. 2015

C. Around January 2009, the Minister of Education, Science and Technology prepared the guidelines of the Ministry of Education, Science and Technology, the Ministry of Education, and the Ministry of Education, Science and Technology for the performance of the duties related to the qualification examination for teachers, and sent them to each City/Do Office of Education, each City/Do. However, there was no stipulation that “the Minister of Education, Science and Technology may not obtain the first class qualification of fixed-term teachers, elementary schools, and special school teachers.”

However, in January 2010, the Minister of Education, Science and Technology added the phrase “only incumbent teachers (referring to regular teachers; hereinafter the same shall apply) who are qualified as Class 1 teachers at elementary, secondary, and special schools,” and the said phrase was continued in the working-level manual of the teachers qualification examination in 2011 to 2013.

The plaintiffs shall grant the defendant the first-class regular teacher qualification for the secondary school.