특별채용 거부 처분 취소 및 부작위 위법 확인 청구의 소
1. All of the instant lawsuits are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Circumstances and details of the disposition;
A. The Plaintiffs are teachers belonging to E-school as social welfare foundation F (hereinafter “F”) affiliated organizations.
B. On July 17, 2014, two persons, including the former president, were convicted on July 17, 2014 on the grounds of sexual assault against a female disabled person for several years since 2009 (this Court 2014Gohap23), and the appeal and appeal, but the conviction became final and conclusive on May 2015.
[B] The Governor of Jeollabuk-do revoked the permission to establish a corporation on or around December 14, 2015, the Governor of Jeollabuk-do revoked the permission for the establishment of a corporation on or around 2014No165, and Supreme Court Decision 2015Do2217]. The Governor of Jeollabuk-do revoked the foregoing revocation disposition, but the F lost on June 29, 2017, and the said judgment became final and conclusive around that time by waiver of the appeal.
(16), 534, c.
On February 8, 2018, the Plaintiffs filed a civil petition with the Governor of Jeollabuk-do Office of Education for public special employment of the Plaintiffs, who are private teachers, in order to guarantee the Plaintiffs’ status as teachers in relation to the closure of the schools (hereinafter “instant application”).
Accordingly, on February 14, 2018, the teachers' personnel management and the senior officer of the Jeollabuk-do Office of Education responded to the purport that they refuse the plaintiffs' application of this case as follows.
(hereinafter referred to as “instant reply.” According to the civil petition answer law, new appointment of a teacher is a compulsory provision, and special employment is a selective provision.
In addition, the right to appoint and dismiss private school teachers under Article 53-2 and Article 56 of the Private School Act shall be vested in school juristic persons or private school operators.
Therefore, the Office of Education of Korea provides an equal opportunity to all qualified persons when employing teachers.
In addition, although teachers of public schools manage thoroughly the fixed number in accordance with the allocation quota of the Ministry of Education, it is not easy to manage the fixed number of teachers of private schools who are not in the Office of Education.
Therefore, in case of allowing the special employment of private school teachers, public school teachers.