[2] Whether Article 18 (1) 2 of the Local School Positions Act provides that "the remaining term of his predecessor shall be the remaining term of his predecessor" applies only where his predecessor's remaining term of office remains for a considerable period of time under the provision that "the new officer shall be elected and appointed one month before the expiration of his term of office" (negative)

[3] The nature of the act of appointing the head of sexual intercourse to the Confucian School elected by the National Forest Assembly

[2] The provision of the proviso of Article 18 (1) 1 of the Confucian School shall not be deemed to apply only to the remaining term of the predecessor’s predecessor’s office in the case of an officer who takes office as a substitute for the remaining term of the predecessor’s office for at least a few months, and the proviso of the above provision shall apply to the case where a new officer is elected at the expiration of the term of the officer’s office, and the case where a new officer is selected as a substitute is selected as a substitute for the vacancy shall be clearly distinguished. Thus, the proviso of the above proviso cannot be interpreted to apply only to the case where the remaining term of the predecessor’s office remains for

[3] The appointment of the former vice head is bound by the decision of the Forest Assembly, and it is reasonable to deem that the latter vice head, the symbolic representative of the entire vice head, is a simple act of confirming the former vice head as the representative of the regional forest. Thus, even if the latter head of the sexual vice head fails to be appointed as the former vice head, this does not interfere with the position of the former vice head of the Confucian Forest.

2. The debtor may not interfere with the creditor's entry into the office of the former Confucian School and the perusal of various documents, or otherwise interfere with the creditor's performance of his duties as the former Confucian School.

3. The costs of lawsuit shall be borne by the debtor.

It is the first and second orders, and the second orders are the same as the second orders.

According to the whole purport of the record and examination of this case, the following facts are substantiated:

A. A Confucian School is a public educational institution established in each region in order to educate local residents and train local human resources, based on the principle of Confucianism, which is the highest educational institution of the central government for the first time of shipbuilding, and is a public educational institution established in each region. Daegu Confucian School also carries out projects, such as succeeding to and developing Confucian culture and protecting cultural seedlings, based on such historical background, and its representative is a full-time school.

(b)The senior principal of the Japanese Daegu Confucian School is Seo Young-gu and its terms of office until June 30, 201, and as Seo Young-gu was no longer able to perform his duties as the senior principal on August 30, 200, the senior senior principal on his behalf, but this senior senior executive on his behalf, on April 2001, retired from his office as a fluorous day, such as a macul with the sexual principal on his first half on his behalf.

(c) Transfer, election and activities of the debtor;

If there is confusion in the Daegu Confucian School, such as resignation as above, the head of the Sung-gu Confucian School was commissioned as a member of the training committee around April 10, 201. On May 22, 2000, the above training committee elected the debtor as a new principal, and on May 24, 2000, the head of the Sung-gu Confucian School appointed the debtor as a former principal of the Daegu Confucian School. Accordingly, the debtor is appointed as a new principal, and the debtor is working as a senior principal, such as convening the forest general meeting.

(d) The invitation of creditors to the general public;

Meanwhile, on the other hand, Lee Jong-dae, prior to his resignation, called the Daegu Confucian School Docary General Meeting for the settlement of accounts in March 23, 2001 and the budget report in 2001, which was before his resignation. On May 31, 2001, the said Docary General Meeting passed a resolution to elect the Docary General. As such, upon his resignation, the Docary General Meeting passed a resolution to elect the Docary General Meeting on May 31, 2001, which was the next acting representative, was in charge of the Docary General Office as the Docary General Manager’s Docary General Office, and was in charge of the Docary General Office’s Docary on May 14, 2001. From May 15, 2001 to May 17, 2001, the Docary General Meeting held the Docary General Meeting to acquire the Doc Representative’s 91.

E. Provisions regarding sexual fungs and Daegu Confucian Schools in relation to the instant case

(1) Operational Rules of Daegu Confucian Schools (No. 1) (L. 1)

Article 10 (Term of Office for Officers)

(1) The terms of office for officers shall be two years, and they may be reappointed: Provided, That a full-time lecturer may be reappointed only once.

(2) The term of office of a substitute executive shall be the remaining period of the former executive.

Article 12 (Election of Officers)

(1) The officers under Article 7 shall be elected as follows:

1. Presidential Decrees shall be elected at the Gelim Assembly;

Article 13 (Transfer to Another School)

(3) The chief executive director shall act on behalf of the chief executive director in order of the department under Article 6 (1) 2 (total number, general director, finance department, edification department, contact department, outside of contact department), and the chief executive director shall act on behalf of the chief executive director.

(2) Confucian schools (No. 4-2)

In order to achieve the purpose of Article 5 Article 1, each department other than parliamentary fields, general affairs, finance, edification, liaison, and interference shall be established in each Confucian School and the head of all schools shall be designated to take charge of the affairs of one department.

Article 6. The senior instructors shall be appointed by each department referred to in the preceding Article as the chief director.

In the public notice of the preceding class of Article 8, the chief director shall represent the affairs of the preceding class in accordance with the order of the department in Article 5.

Article 15 Section 1. When there is no recommendation to appoint a new school even after two months have passed since the branch of the forest in the Confucian School or the term of office of the former school has expired, the head of the gender equality shall commission not less than 10 but not more than 15 members to act on behalf of the members of the standing school with the authority of the plenary session and the funeral of the Confucian School. The head of the gender equality division shall be commissioned by the head of the gender equality division, and the chairperson shall submit a report on the results of the training and the recommendation for the appointment

When recommending an executive officer of a former school or funeral, etc. to the head of a gender equality pursuant to Article 20 of the Rules on the Operation of Gender Equals, the person who has convened the relevant forest general meeting shall submit a letter of appointment, accompanied by the minutes of the relevant forest general meeting, the curriculum of the elected, and written acceptance

Provided, That in principle, a person who has an address within the jurisdiction of the relevant Confucian School shall not appoint or recommend the relevant person and a person who is deemed unable to perform his/her duties as an executive officer under the provisions of Article 20 of the Organization.

The term of office of officers under Article 18 shall be three years: Provided, That the term of office may be shortened by a resolution of the relevant forest general meeting and the approval of the gender equality. The term of office may be shortened only once.

except that the officer substitutes 1. The remaining term of his predecessor is the remainder of his predecessor.

2.The new officer shall be elected and reappointed one month prior to the expiration of the term of office. If one month has elapsed after the expiration of the term, the gender equal officer may be appointed as an agent.

Where the preceding Article has intentionally neglected to perform his/her duties, the head of gender equality may ask the relevant gene general meeting of shareholders to ascertain that he/she is believers.

A person who has convened a regional forest conference prior to the Dong shall be appointed by the equal head of that regional forest group.

When a resolution of non-Confidence is made at the elime general meeting of the Dong, the head of the same gender shall dismiss him/her.

(3) Rules on the operation of gender equality

Article 20 (National Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do.

2. As to the debtor's election as the senior officer

(a) Authority to elect the full-time instructors of the training committee;

The former is elected by the National Forest General Assembly, but according to Article 15 subparagraph 1 of the Confucian School Act, since the latter is entitled to exercise the authority of the National Forest General Assembly or the Funeral Council on behalf of the latter, the latter is also entitled to participate in the latter. Therefore, the election of the debtor to the latter is lawful.

(b) The term of office as a senior officer;

(1)앞에서 본 바와 같이 향교직제 제18조 단서 제1호는 "보궐취임한 임원은 전임자의 잔임기간으로 한다."고 규정하고 있고, 대구향교운영규정 제10조 제2항도 같은 취지로 규정하고 있는바, 채무자는 본래 전교인 서영택이 유고로 인하여 그 직무를 집행할 수 없게 되어 성균관장이 위촉한 수습위원회에서 선출된 것이므로 채무자의 전교로서의 임기는 위 규정에 따라 서영택의 잔여임기인 2001. 6. 30.까지로 봄이 상당하다{성균관장이 수습위원의 위촉장을 발송하면서 보낸 공문(소갑 제2호증)에도 "만일 수습위원회에서 전교를 선출할 경우 선출된 전교의 임기는 전임자의 잔여임기임을 분명히 밝힙니다."라고 명백히 언급하고 있는데, 채무자는 이를 성균관장이 착오에 의해 기재하였다 하나 채무자의 주장을 인정할 만한 소명자료가 없다}.

(2) The debtor with respect to this case, the proviso 2 of Article 18 of the Confucian School Positions Act provides that "the new officer shall be elected and appointed one month prior to the expiration of the term of office. If one month has passed after the expiration of the term, the sexual equal officer may be appointed." The purport of the above provision is that the new officer shall make the necessary preparation and acquisition procedures smooth, and that the appointment procedure of the new officer shall be completed at least one month prior to the expiration of the term of office in order to prevent the vacancy in the business, at least one month prior to the expiration of the term of office. Therefore, the provision of subparagraph 1 of the above proviso provides that the remaining term of office of the newly appointed officer shall be applied only to the newly appointed officer who takes office after the remainder of the term of office of the predecessor, as the remaining term of office of the newly appointed officer remains at least several months or remaining after the remainder of the term of office of the predecessor, and even if the remaining term of office of the predecessor is not less than one month after the expiration

As the obligor claims, the proviso of Article 18 subparagraph 1 of the Confucian School Office Act does not have any evidence to acknowledge that the provision applies only to the remaining term of his predecessor’s predecessor’s predecessor’s predecessor’s predecessor’s predecessor’s director’s director’s director’s director’s director’s director’s director’s director’s director’s director’s director’s director’s director’s director’s director’s director’s director’s director’s director’s director’s director’s director’s director’s director’s director’s director’s director’s director’s director’s director’s director’s director’s director’s director’s director’s director’s director’s director’s director’s director’s director’s director

(3)In addition, even if the debtor's term of office expires on June 30, 201, the debtor asserted that he was re-appointed by the temporary forest assembly held on August 14, 2001 at the temporary forest assembly held on August 14, 2001, and thus, according to each of the statements in the evidence Nos. 23 and 24, the forest assembly held on August 14, 2001 that the debtor called the debtor in the capacity of the former class. Thus, as long as the debtor's term of office expires on June 30, 201, the forest assembly held on June 30, 200, is not the forest assembly convened by the legitimate convening authority, and even if the debtor was elected as the former class, the above assertion by the debtor is invalid, and therefore there is no reason for the above assertion by the debtor.

3. As to the creditor's election as a whole

A. The parties' assertion

In the case of this case, a creditor is the qualification of the former one lawfully elected at the Gelim general meeting of the Daegu Confucian School, and the debtor asserts that the creditor is not a legitimate preceding one. Therefore, it is examined whether the creditor has lawfully acquired the status of the former one of the Daegu Confucian Schools.

(b) Markets:

(1) According to the regulations and regulations of the Daegu Confucian School and the Confucian School Organization, Jeon Young school shall be elected by the Confucian School. On March 23, 2001, a person who lawfully convened on May 31, 2001, prior to his resignation, resolved on May 31, 2001 to elect Cho Young-gu son. After that, the Postal Family, who was in charge of the transfer of his duties as agent due to his resignation, has made the announcement of the transfer of his post on May 14, 2001, and from May 15, 2001 to May 17, 2001, after the registration of his enrollment was completed on May 31, 2001, the person who was the representative of the forest, from among the 198 people of the forest, was lawfully elected from the previous Confucian School as the applicant for the transfer of his post, and thus the creditor was the same as the creditor of the previous Confucian School.

(2) As to the debtor's assertion

(a) The debtor asserts that, for this reason, the Postal Office did not have been appointed by the head of Sung Fung-si as an agent for the former and that, as the Postal Office was not designated as an agent for the latter in accordance with article 19 of the Confucian Schools Act, it is invalid for the Postal Office to elect the creditor as the Postal Office convened by the Postal Office on May 31, 200, as it did not have the right to call a general meeting.

As seen earlier, Article 8 of the Confucian Schools Act provides that the head of the Dong shall act on behalf of the principal according to the order of the department(s) in Article 5(s). Article 13(3) of the Regulations on the Operation of the Daegu Confucian Schools provides that the head of the Dong shall act on behalf of the principal. In addition, even if there are no practices in which the head of the Seogu Confucian School acting on behalf of the principal of the Confucian School was appointed on behalf of the principal of the Confucian School, the head of the Dong will be held on May 31, 200 when the creditor was elected on behalf of the principal of the Confucian School, even if there was a practice in which the principal of the Confucian School acting on behalf of the principal of the Confucian School was appointed on behalf of the principal of the Confucian School on March 23, 200, the head of the Seocheon General Assembly was already decided to hold to elect the principal. Accordingly, since the postal office selection merely carried out the procedure, the above defect is limited to the case where the principal of the Confucian General Assembly was designated as the principal of the Confucian School.

(B) Also, Article 20 of the Rules on the Equal Operation provides that "the head of the national school and the head of the national school shall be elected by the head of the Confucian School through the Confucian School Foundation of each City/Do". Article 16 of the Regulations on the Equal Operation provides that "when the executives of the former school and the head of the Confucian School are appointed by the head of the relevant Confucian School, pursuant to Article 20 of the Rules on the Equal Operation, the person who calls for the presidential school and the head of the relevant local school shall be present at the meeting, attaching the minutes of the forest general meeting, the curriculum of the winner and the letter of acceptance of his appointment." Since the creditor did not have been appointed by the head of the funchisium, he argues that the right to elect the former school is only the representative of the relevant Confucian School, and that the head of the relevant Confucian School cannot be seen to have refused to be appointed by the former head of the relevant Confucian School, even though the head of the relevant Confucian School requires only the curriculum prepared by the winner at the time of recommendation to the former head of the f.

4. Conclusion

Therefore, the debtor's status as the principal school was expired on June 30, 2001, and the legitimate principal school of Daegu Confucian School is a creditor, so the creditor's application of this case is recognized as a necessity of preserving the right and preservation, and it is so decided as per Disposition by citing all the applications.

Judges Lee Jong-dae (Presiding Judge) (Presiding Judge)