(영문) 서울고등법원 2016. 10. 13. 선고 2016누52332 판결[임용제청거부처분취소등][미간행]
Plaintiff (Law Firm LLC, Attorneys Yoon In-tae et al., Counsel for plaintiff-appellant)
The Minister of Education (Law, Attorney Kim Jong-soo, Counsel for the plaintiff-appellant)
September 29, 2016
Seoul Administrative Court Decision 2016Guhap51221 decided June 16, 2016
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The judgment of the first instance is revoked. The defendant's rejection of the recommendation for appointment of the president of ○○ University on October 21, 2015 against the plaintiff shall be revoked.
The reasoning of the judgment of the court on this case is the same as the statement of the reasoning of the judgment of the court of first instance, and therefore, it is accepted as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act (the argument as to whether the refusal of appointment to the plaintiff by the defendant to the plaintiff, among the grounds alleged in the court of first instance, constitutes a disposition of rejection of appointment to the plaintiff, is not different from the content alleged in the court of first instance. This is not different from the fact finding
Therefore, the lawsuit of this case is dismissed as unlawful, and the judgment of the court of first instance is just in its conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.
Judges Yoon Sung-won (Presiding Judge)