임용취소처분 무효확인
1. On January 22, 2018, the Defendant’s disposition of revoking appointment that the Plaintiff issued on January 22, 2018 is invalid.
2. The costs of the lawsuit are assessed against the defendant.
1. Facts of recognition;
A. The defendant is a school foundation that establishes and operates Chigh School (hereinafter referred to as “instant school”). The plaintiff is a private school teacher who was appointed as the principal of the instant school and was notified of the cancellation of appointment as follows.
B. On September 27, 2016, the Superintendent of the Seoul Special Metropolitan City Office of Education issued a special audit of the Defendant and the instant school, and issued a request for correction to the Defendant. On September 27, 2016, the Defendant’s chief director, director, auditor, and other executive officers were negligent in performing their respective duties and refused to comply with a request for correction (hereinafter “instant disposition of cancellation of approval of taking office”).
2) On February 28, 2017, the Superintendent of the Seoul Special Metropolitan City Office of Education appointed eight provisional directors of the defendant.
C. On April 4, 2017, the Defendant’s board of directors composed of the principals of the instant school who are temporary directors for the appointment of the Plaintiff was decided to appoint the principal of the instant school by means of a public offering for school principal, and on May 12, 2017, the Plaintiff was appointed as the principal of the instant school.
On October 20, 2017, the court of first instance rendered a judgment that accepted the claim on the ground that the above disposition is an illegal disposition that deviates from or abused from discretionary power (Seoul Administrative Court Decision 2016Guhap7602). On November 1, 2017 (Seoul Administrative Court Decision 2017Guhap7602), the Seoul Administrative Court rendered a decision that the cancellation of the approval of the taking office of this case was issued on November 1, 2017 (Seoul Administrative Court Decision 2017Da12751), and the Superintendent of the Office of Education filed a lawsuit seeking the cancellation of the approval of taking office of this case. On November 13, 2017, the Seoul Administrative Court rendered a decision that suspended its effect (Seoul Administrative Court Decision 2017Do12753).