교원소청심사위원회결정취소
1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. The total cost of the lawsuit is resulting from the supplementary participation.
1. The grounds for this part of the disposition are as stated in the corresponding part of the reasoning of the judgment of the first instance, except for a partial revision as follows. Thus, this part of the reasoning is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
After the second 11th Teachers' Disciplinary Committee (hereinafter referred to as "the Disciplinary Committee of this case") is added, "the Disciplinary Committee of this case" shall be added.
After the second and second grounds for the disciplinary action, the following grounds for the disciplinary action are added. (The grounds for the disciplinary action, which was sent to the Plaintiff by the Intervenor, are stated in the column of the grounds for the disciplinary action and the letter of the disciplinary decision; hereinafter referred to as the “instant grounds for disciplinary action”).
Part 5 of the 3rd Schedule, the phrase “-at the event held at the event held” shall be added.
2. Whether the decision of this case is legitimate
A. The part of the Plaintiff’s assertion is identical to the corresponding part of the reasoning of the judgment of the court of first instance, and thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
B. This part of the relevant statutes is identical to the reasoning of the judgment of the court of first instance, except for the addition of “the relevant provisions” in the attached Form of the judgment of the court of first instance to “the relevant provisions” in the attached Form of the judgment of the court of first instance. As such, this part is cited in accordance with Article 8(2) of the Administrative Litigation Act and
C. (1) Determination 1) The relevant legal doctrine and Article 31(4) of the Constitution provide that the autonomy of education is guaranteed as prescribed by law.
Since the expertise of teachers' duties is a social ethical character that has high level of autonomy and social responsibility in performing their social roles like other professional doctors, attorneys-at-law or adults, teachers should have a high level of professional ethics in performing their duties.
Article 31(6) of the Constitution provides that basic matters concerning the status of teachers shall be determined by Act.