해임무효확인청구
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
The defendant is a school juristic person that establishes and operates CIndustrial High School (hereinafter referred to as "C Public Notice").
The plaintiff is the head of defendant D's president, who served as the head of C-Public Notice Administration Office (class V in general service) from July 1, 2001.
On June 2012, the Plaintiff was employed as a substitute worker due to the Defendant F’s maternity leave, without obtaining the consent or permission of the principal E (retirement on August 31, 2012), who is an appointment authority authority authority for the Plaintiff’s misconduct. On November 14, 2012, the Plaintiff drafted an employment contract for an administrative substitute worker under the name of principal E between the above G and the principal E.
In the process, the Plaintiff voluntarily purchased the seal in the name of the principal E with expenditure of 20,000 won for C public notice accounts.
On March 30, 2015, the Plaintiff included FNN in the Seocho-gu in the book attached to the aforesaid F, the Citlock in FNL.
F was treated as a recipient of the outpatient for eating infection.
The superintendent of the Gyeonggi-do Office of Education requested the disposition of the audit results of the Gyeonggi-do superintendent of education on April 2015 shall conduct a service audit of C public notice, and on May 14, 2015, he/she requested the defendant to dispose of the audit results as follows:
Item 1 of the request for disposition of audit results: Violation of improper appointment of teachers and staff and maintenance of dignity
1. According to Article 82 of the Articles of incorporation of the Defendant, “the Local Public Officials Act shall apply mutatis mutandis to matters concerning the appointment, dismissal, remuneration, service, and guarantee of status of office employees.” According to Article 48 of the Local Public Officials Act, “All public officials shall comply with laws and regulations and perform their duties faithfully,” and according to Article 49 of the same Act, “public officials shall obey official orders issued by their superior officers when performing their duties,” and “public officials shall not impair their dignity.” However, the head of the C Public Officials Office of Korea shall employ a school principal as substitute personnel due to F of the faculty members’ childbirth leave around June 2012 (from July 2, 2012 to September 28, 2012) and at the time of the employment of the school principal E (retirement on August 31, 2012), despite the absence of approval.”