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(영문) 수원지방법원 2015.12.17 2015구합64702

경고처분취소

Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs are elementary schools, middle school teachers, assistant principals, or principals in Gyeonggi-do region under the jurisdiction of the Gyeonggi-do Office of Education, and the Defendant is the executing and supervising agency of the affairs concerning education and arts in Gyeonggi-do.

B. The Plaintiffs acquired a master’s degree at the “J graduate school university school university” located in Chungcheongnam-nam I, and the Board of Audit and Inspection conducted an audit of “the implementation status of creative education policies” from October 8, 2012 to November 23, 2012 (hereinafter “the audit of the instant case”). As a result, the Plaintiff discovered that the instant graduate school granted degrees due to abnormal academic management, such as granting credits to the mother and child circulation, and accordingly, requested the Minister of Education to prepare measures corresponding thereto depending on whether the degree was cancelled for the related persons who acquired degrees through abnormal educational programs conducted by the Minister of Education.

C. On May 31, 2013, the Minister of Education demanded the Defendant to withhold employment, etc. (e.g., promotion, qualification training, etc.) on the premise of the instant audit-related measures, such as a request to revoke a master’s degree, from the person who acquired the master’s degree at the instant graduate school, until such measures are completed (hereinafter “instant request”).

On February 2, 2015, the Minister of Education notified the Defendant of “as regards the public educational officials who submitted the degrees acquired through abnormal curricula to receive additional points prior to the notification of the audit results of the instant case by the Board of Education, the Minister of Education notified the Defendant of “as regards the public educational officials who received the degrees through abnormal curricula, the act of disposal, appointment, etc. (promotion, qualification training, etc.),” and the Defendant of “as regards the public educational officials who acquired the degrees through abnormal curricula

(hereinafter referred to as “the instant notification”). (e)

On February 12, 2015, according to the instant notification, the Defendant took each of the “Warnings” measures against the Plaintiffs.

(c).