교원소청심사위원회결정취소
1. Of the judgment of the first instance, the Defendant’s appointment between the Plaintiff and the Defendant’s Intervenor on May 10, 2017 is revoked and revoked.
1. The reasons for the court's explanation concerning this case are as follows: 22 11, 24 19, 25 1, 25 1, and 6 22 of the judgment of the first instance, "the previous dispositions of this case" shall be deemed as "the previous dismissal dispositions of this case", "3 9 33 9 )" as "8 ," "16 34 17" as "the witness of the first instance court", "3 5 5 5 or 8 34 2 34 2 and 40 3 40 2 20 3 (2) of the judgment of the first instance among the reasons for the second 34 2 2 34 2 2 2 and 40 2 2 2 2 , and this part shall be cited as the reasons for the judgment of the first instance as it is, pursuant to Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
(B) The part of the decision of this case concerning the dismissal of the Defendant at the trial is not significantly different from the allegations in the first instance court, and even if the evidence submitted in the first instance court and the first instance court are examined, the Defendant’s assertion is rejected and the decision of the first instance court ordering the revocation of the decision is deemed unlawful).
Judgment
1) Although a contract for the appointment of private school teachers in the legal nature of the instant appointment contract and the disposition of revocation of appointment is made according to the procedures prescribed in the Private School Act, its legal nature is a private employment contract, and if there is any ground for invalidation or revocation in the declaration of intent of the parties to the relevant contract, the other party may, on this ground, claim the invalidation or revocation of the relevant appointment contract, and thereby deny or extinguish the occurrence of legal effect (see, e.g., Supreme Court Decision 95Da11689, Jul. 30, 1996). Therefore, the instant appointment contract is an employment contract under the private law, and the disposition of cancellation of appointment constitutes cancellation of the employment contract. 2) Whether the instant disposition of cancellation of appointment is legitimate or not.