학교장 승인신청에 대한 반송처분 취소소송
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the judgment of the court of first instance cited in this case is as stated in the reasoning of the judgment of the court of first instance except for the following matters. Thus, this shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
From 4th to 5th 13th 1th 10th 7th 6th 6th 6th 6th 6th 602.
“2) For the following reasons, it is reasonable to view that the term of office of a school principal who actually performs his/her duties is included in “the term of office as the principal of a school” under the proviso of Article 53(3) of the Private School Act (hereinafter “instant provisions”). Even if a disposition to approve the appointment of the principal of a school is revoked and the appointment of the principal of a school has de facto ceased to be legally effective during the period during which he/she performs his/her duties as the principal, such circumstance shall not affect the said judgment.
① The purpose of the proviso to Article 53 (3) of the Private School Act, which limits the frequency of middle-school teachers, is to prevent the aging of teachers and to promote religious orders through the personnel circulation.
In particular, if the head of a private school continues to hold office for a long time without restricting the frequency of middle-standing, transparency in school operation can be reduced due to the care of the school juristic person, and because it is highly probable that it will be dependent on the will of the school juristic person who is the person who has the authority to appoint and dismiss, it might be contrary to the fundamental purpose of our educational law separating school management and education, the purpose of legislation is to prevent it.
[See Constitutional Court Order 2007HunMa1189, 1190, Nov. 28, 2013] (2) Where the head of a private elementary or secondary school actually performs his/her duties as a principal of a school, the appointment approval of the principal of a school thereafter shall be substantially performed during the term of his/her duties even if the designation approval of the principal of a school is revoked.