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(영문) 대전지방법원 2016.09.21 2015구합100142

임용취소처분취소청구의소

Text

1. On December 29, 2014, the Defendant’s revocation of appointment of public educational officials to the Plaintiffs is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On September 1, 2014, the superintendent of education of Incheon Metropolitan City (hereinafter referred to as the “superintendent of education”) issued a disposition to specially employ the Plaintiff as Chigh School Teachers, and Plaintiff B as D High School Teachers (hereinafter “instant appointment disposition”) pursuant to Article 12(1)2 of the Educational Officials Act.

B. On December 29, 2014, the Defendant issued a disposition revoking the instant appointment disposition (hereinafter “instant disposition”) pursuant to Article 167 of the Local Autonomy Act and Article 6 of the Regulations on Delegation and Entrustment of Administrative Authority (hereinafter “Delegation Provisions”) to the Plaintiffs. The grounds and reasons for the instant disposition are as follows.

C - Grounds for disposition: Grounds for disposition of violation of Article 10(2) of the Public Educational Officials Act: The appointment of public educational officials pursuant to Article 10 of the Public Educational Officials Act shall guarantee the opportunity of equal appointment according to the ability of the person who satisfies the same requirement as a teacher and wants to be appointed. Even if a special employment is made, a person should be selected through a competitive method for those who meet the same requirement, but a special employment was made non-disclosure by designating a specific person. In order to perform the role of a teacher who is to be appointed, it is illegal or unjust to employ the plaintiffs as public educational officials on the grounds of Article 12(1)2 of the Public Educational Officials Act, in the absence of reasonable grounds for special

The Plaintiffs were dissatisfied with the instant disposition and filed an appeal review with the Appeal Commission for Teachers, but the said request was dismissed on March 25, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2-1, 2-2, Eul evidence 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1. Article 43(2) of the Public Educational Officials Act, which violates Article 43(2) of the Public Educational Officials Act, is sentenced to punishment, disciplinary action, or this Act.