beta
(영문) 서울고등법원 2018.08.21 2018나2003708 (1)

해고무효확인

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid in addition to the following shall be revoked.

Reasons

The reasoning for the court's explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition or replacement as set forth in the following paragraph (2). As such, the plaintiff in the second sentence of Article 420 of the Civil Procedure Act refers to the plaintiff in the second sentence of the judgment of the court of first instance, which is used or added by the court of first instance, to "the defendant".

The 14th judgment of the first instance court is in accordance with the following subparagraphs.

The judgment was rendered, and the plaintiff and the prosecutor appealed, but all appeals were dismissed (the Busan District Court 2017No3481), and only the plaintiff appealed and only the plaintiff is currently pending in the final appeal. The defendant in the first instance judgment of the first instance court of the 16th trial of the 19th trial of the 19th trial of the 19th trial of "the plaintiff"

The 10th to 21th of the judgment of the first instance shall be in accordance with the following subparagraphs.

A person shall be appointed.

A. The dismissal from position, stipulated in Article 58-2 of the Private School Act, concerning the invalidity of removal from position in the instant case and the determination of this part of the claim for wages refer to the removal from position as a provisional measure that temporarily prevents a teacher from performing his duties due to the lack of job performance, extremely poor work performance, or a teacher's attitude as a teacher, in cases where a resolution on disciplinary action against a teacher is requested, for which a teacher is being prosecuted for a criminal case (excluding a person against whom a summary order is requested), money and valuables, or sex offense, and where it is considerably difficult to expect a normal job performance due to a significant and considerable degree of misconduct in the instant future, and thus, it refers to the removal from position as a temporary measure that prevents a teacher from performing his duties because he temporarily fails to assign a position to the relevant teacher in order to prevent anticipated occupational interference, etc. Therefore, the act of a teacher of a private school in the past