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(영문) 서울고등법원 2019.01.11 2018누32554

교원소청심사위원회 취소결정 취소

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff, including the part arising from the supplementary participation.

Reasons

1. The reasons for the recognition of the judgment of the court of first instance are the reasons for the judgment of the court of first instance except for the parts in which the corresponding part of the judgment of the court of first instance is used or deleted as follows. As such, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure

The 2nd 14th 14th , 3th 1, 6, 7, 10, 11, 12, 24th 8th , and 4th 8th , respectively, shall be applied to each "Plaintiff".

From 6th 17 to 18th '23:32', the room studio of female students is deleted.

2. Definitions;

(d) Parts (from 1 to 10 pages 8) have been cut in the following manner:

Judgment

1. Whether to take a disciplinary measure against a disciplinary person who is a teacher under the Private School Act is at the discretion of the person having authority to take the disciplinary measure. However, if the person having authority to take a disciplinary measure as an exercise of discretionary authority is recognized to abuse the discretionary power that has been left to the person having authority to take the disciplinary measure, it may be illegal. If the disciplinary measure against a teacher has considerably lost validity under the social norms, the disciplinary measure shall be determined by a specific case where it can be objectively and clearly deemed that the contents of the disciplinary measure are objectively unreasonable, in full view of various factors, such as the content and nature of the misconduct causing the disciplinary measure, the purpose of the disciplinary measure, the criteria for the determination of disciplinary measures, etc., and even if the exercise of authority to take a disciplinary measure is left to the discretion of the person having authority to take the disciplinary measure, it violates the public interest principle that should exercise the authority to take disciplinary measures for public interest, or is generally considered as a disciplinary reason, compared to the degree of flight, thereby violating the principle of proportionality or the standard of general application of the same degree without a justifiable reason.