정교사1급자격증발급신청거부처분취소
1. The defendant's appeal is all dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The court's explanation concerning this case is identical to the above-mentioned reasons, except for adding the following 2. 2. See the reasoning of the court of first instance to the reasoning of the court of first instance. Thus, it is citing this as it is in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure
2. Details of the judgment added;
A. According to the Defendant’s assertion, Article 21(2) [Attachment 2] of the Elementary and Secondary Education Act and Article 8(1) of the Decree on Qualification Examination for Teaching Staff, in order to obtain the first-class regular teachers of secondary schools, a person who obtained a second-class regular teacher’s license and received a master’s degree at the educational graduate school or the graduate school education designated by the Minister of Education must have a career of working as a teacher at a school prescribed in Article 2 of the Elementary and Secondary Education Act for more than one year.
Since fixed-term teachers are not regular teachers, they cannot be deemed to have worked as full-time teachers, the Plaintiffs, who are fixed-term teachers, failed to meet the first-class qualification standards for secondary school teachers.
B. Comprehensively taking into account the following circumstances, the facts of recognition of the first instance court, the evidence submitted in the first instance court, and evidence No. 13-1 through No. 3, the whole purport of the pleadings, and the following circumstances, it shall be deemed that the experience as a teacher under Article 8(1) of the Decree on the Qualification Examination for Teachers, who has been employed as a full-time teacher, includes not only a regular teacher’s educational experience, but also an educational experience as a temporary teacher. Thus, the defendant’s above assertion cannot be accepted
(1) Article 8 (1) 1 of the Decree on Qualification Examinations for Teachers does not separately define the educational experience of regular teachers and the educational experience of fixed-term teachers. Thus, the meaning of “full-time career as a teacher” cannot be interpreted to be limited to that of a regular teacher’s career.
(2) The prior meaning of "full-time officer" is a "person who is responsible for, is responsible for, is responsible for, or is responsible for, or is responsible for, the other person".