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(영문) 서울고등법원 2016.01.21 2015누51479

교장.교감승진제외처분취소

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1. Revocation of a judgment of the first instance;

2. All of the instant lawsuits are dismissed.

3. The costs of the lawsuit are assessed against the Plaintiffs.

Reasons

1. The court's explanation in this part is identical to the corresponding part of the reasoning of the judgment of the first instance except for the second instance "71", "17", and "138" in the fourth instance "74", and the corresponding part of the reasoning of the judgment of the second instance (as from 13th to 4th 10th eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth e.

2. Determination as to the legitimacy of the instant lawsuit

A. The main text of Article 13 of the Public Educational Officials Act provides that "The promotion of a public educational official shall be made based on career rating, retraining, performance record, and other actual proven ability, as prescribed by Presidential Decree, among the persons of the next class who are engaged in the same kind of duties, and an appeal litigation as an administrative remedy shall be made only when the internal opinion determined by the competent administrative agency is indicated externally or implicitly by the applicant, except in special cases where the administrative agency's failure to take a certain administrative measure is considered to have taken actively or passive measures within a given period despite the administrative agency's obligation to require the administrative agency to take a certain administrative measure against the applicant under the law, but the administrative agency's failure to take such a measure is considered to have taken place actively or passive." Article 13 of the Public Educational Officials Act provides that "The promotion of a public educational official shall be made based on his/her career rating, retraining, performance record, and other actual proven ability," and Article 14 of the Public Educational Officials Act provides that "the appointment authority or appointment authority of a public educational official shall prepare a list of candidates according to qualifications for promotion."