파면처분취소 및 직위해제처분 무효
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the addition of some contents as follows. Thus, this is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
<추가하는 부분> 별지 관계 법령 제1면 “▣ 사립학교법” 부분 제21행 아래에 다음 조문을 추가한다.
【Persons authorized to appoint the teacher of a private school under Article 64 (Request for Disciplinary Decision) If there is a person falling under any cause for disciplinary action as prescribed in Article 61 (1) from among the teachers under his/her control, he/she shall conduct an adequate investigation in advance, and then request the teachers’ disciplinary committee having the jurisdiction over the relevant disciplinary case to make a disciplinary decision. (1) Article 65 (Fact-Finding and Stating Opinions) (1) The teachers’ disciplinary committee shall investigate the truth in the deliberation of a disciplinary case, and hear statements from the person himself/herself before making a disciplinary decision: Provided, That this shall not apply in cases where he/she refuses to comply with summons at least twice in writing.
2. The judgment of the first instance court is justifiable, and the plaintiff's appeal is dismissed as it is without merit.