교원소청심사위원회결정취소
1. All of the plaintiffs' claims are dismissed.
2. The costs of the lawsuit, including those resulting from the participation, shall be all included.
The intervenor in the process of each of the instant decisions is a school foundation under the Private School Act, which establishes and operates the D Female High School and E Female High School, and the plaintiff A concurrently holds the position of the principal (term: from March 1, 2013 to February 28, 2016) of D Female High School, and the principal of E Female High School (term: from September 1, 201 to August 31, 201) of the principal of E Female High School (term: from September 31, 201 to August 31, 2015) from December 2008.
On June 27, 2013, the Minister of Education issued a disposition to revoke the approval of taking office to 12 executive officers of F including the Plaintiffs.
(hereinafter “Revocation of Approval of Taking Office”. On September 16, 2014, the Superintendent of the Office of Education at Gwangju Education notified the Intervenor that the Plaintiffs were subject to the disposition of revocation of taking office of this case on September 16, 2014, because the Plaintiffs fell under the subject of the restriction on the appointment of the principal under Articles 22 and 54-3 of the former Private School Act (amended by Act No. 13938, Feb. 3, 2016; hereinafter “Private School Act”) and the position of the principal was automatically lost, and that subsequent personnel measures should be taken accordingly.
(hereinafter “Notification of Implementation of the First Measure”). The Intervenor did not implement a corrective measure following the notification of the implementation of the first follow-up measure. On May 8, 2015, the superintendent of education of Gwangju Metropolitan City sent a public notice to the Intervenor on May 8, 2015, stating “Implementation of Measures due to the ipso facto retirement of the principal of the school” and the Plaintiffs already lost not only the principal’s position but also the teacher’s position from June 27, 2013, notified the Intervenor again that the follow-up measure should be implemented.
(hereinafter “Notice of the Implementation of the Second Follow-up Measures”). Accordingly, the Intervenor, from May 11, 2015, performed follow-up measures, such as granting the assistant principal acting for the principal from around May 11, 2015 to the assistant principal, suspending the payment of wages to the Plaintiffs after May 2015, and notifying the Private School Teachers Pension Corporation, etc. of the matters of ipso facto retirement, on the premise that the Plaintiffs lose their school principal and teachers’ positions.
b.0.0 c.