교장임용거부처분 무효 확인의 소
1. All of the instant lawsuits are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is a teacher who was promoted as an assistant principal on September 1, 201 after being appointed as an elementary school teacher on March 1, 1979 and served as an assistant principal of B elementary school.
B. From October 21, 2013 to November 15, 2013, the Plaintiff received “the sixth first school principal qualification training” in the year 2013.
(c) The C Superintendent shall annually:
1. As of January 31, 201, the list of candidates for promotion shall be prepared in the order of high points of the rating points after evaluating career, service performance, and training performance, and the list of candidates for promotion shall be recorded in the list of candidates for promotion on January 31, 2014.
On March 1, 2014, the President newly promoted 18 principals within the jurisdiction of the C Office of Education, and the Plaintiff was not included in the promotion of the above C Office of Education.
E. On March 7, 2014, the Plaintiff filed a request with the D Committee for review of a teacher’s petition seeking the revocation of “the Minister of Education’s rejection of appointment of a principal on March 1, 2014 to the Plaintiff,” but the D Committee rejected the Plaintiff’s petition petition on May 14, 2014 on the ground that “the Plaintiff did not have the right to apply for appointment of a principal.”
【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 6, the purport of whole pleadings
2. Determination on the defense prior to the merits
A. (i) The instant lawsuit, based on the above right to file a petition, is unlawful, since there is no statutory or logical right to request the Plaintiff to appoint him/her as the principal or to recommend the appointment of his/her principal, which is the gist of the Defendant’s defense prior to the merits.
According to the summary of the plaintiff's argument, when promoting public educational officials, the appointment authority or appointment-recommendation authority shall appoint or recommend the appointment in the order of precedence in the list of candidates for promotion.
In other words, the appointment authority or appointment-recommendation authority is obligated to make a proposal for appointment in accordance with the order entered in the list of candidates for promotion prepared in advance.