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(영문) 서울행정법원 2019.09.19 2018구합88739

교장 자격불인정 처분 취소

Text

1. On August 31, 2018, the Defendant’s disposition of non-recognition of qualification as a principal against the Plaintiff is revoked.

2. The costs of lawsuit shall be.

Reasons

Details of the disposition

A. On February 1, 1985, the Plaintiff was appointed as a teacher of C High School established and operated by a school foundation B (hereinafter “B”) on August 29, 1995, after acquiring the qualification of a teacher of C High School’s second grade school and working as a Korean language teacher of a high school from June 1, 1985.

On June 25, 2012, the Plaintiff recognized the qualification of an assistant principal of a secondary school, and served as an assistant principal of a Chigh school from August 1, 2012.

B. On July 17, 2018, the Defendant notified the Private School principal qualification recognition implementation plan to private school principals in the second half of the year of 2018 to private school corporations, etc. under his/her jurisdiction, including B, and notified the Defendant of his/her application for recognition of school principal qualification from September 1, 2018 to February 28, 2019.

B On August 16, 2018, the board of directors appointed the Plaintiff as a principal of school, and the Plaintiff applied for the recognition of the principal of school to the Defendant on the same day.

(hereinafter “instant application”). C.

On August 31, 2018, the Defendant was subject to disciplinary action by the Plaintiff as an extracurricular teaching act (hereinafter “instant disciplinary action”), which constitutes a case where the Defendant was subject to disciplinary action for the fourth misconduct referred to in the official text of July 17, 2018, and thus, the Plaintiff does not constitute the criteria for selection of a person subject to the qualification examination for the principal of the school, and the Plaintiff was excluded from the person subject to the qualification examination for the principal of the school.

(hereinafter referred to as “instant disposition.” On the same day, the Defendant notified related persons of the list of names of those eligible for recognition as principals of private schools in the second half of 2018.

On September 13, 2018, the Plaintiff filed a petition review with the Teachers’ Appeal Committee. However, on November 21, 2018, the Teachers’ Appeal Committee rendered a decision to dismiss the Plaintiff’s petition on the ground that “The Plaintiff’s disposition, except for those subject to recognition of recognition as the principal of a private school on the premise that the Plaintiff is not a person with high knowledge and virtue, was lawfully made within the extent of the Defendant’s discretion.”

(In fact that there is no dispute, Gap 1 to 1.