A. The Defendant is a school foundation that establishes and operates Cmiddle Schools and D High Schools located in Busan District Department.

B. On March 1, 2007, the Defendant appointed the Plaintiff as the principal of the D High School, the four-year term of office expires, and on March 1, 201, the Plaintiff was reappointed as the principal of the D High School.

C. After that, the Defendant appointed the Plaintiff as the principal of Cmiddle School on March 1, 2015, following month after the Plaintiff’s principal’s term of office expires.

5. The head of the Busan Metropolitan City Office of Education reported the appointment of the above principal to the head of the office of education of the Busan Metropolitan City Office of Education, and the head of the office of education of the Busan Metropolitan City Office of Education was the defendant on the 12th of the same month, and the appointment of the Cmiddle School principal to the plaintiff was a disposition to return the above appointment report of the principal (hereinafter referred to as the "instant disposition") on the ground that the above appointment of the principal violates

Therefore, the defendant filed a lawsuit against the head of Busan District Court Office of Education in Busan District Court Decision 2015Guhap22371, but the above court rendered a judgment dismissing the defendant's claim on February 21, 2019 on the ground that the disposition of this case is legitimate, and the above judgment became final and conclusive on March 15, 2019.

E. Meanwhile, from March 1, 2015 to February 28, 2019, the Plaintiff served as the principal at Cmiddle School for four years, which was before the said judgment becomes final and conclusive.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Eul evidence 1 and 2, and the purport of the whole pleadings

2. Determination:

A. Article 53(3) of the Private School Act provides that "the term of office of the principal of each school shall be determined by the articles of incorporation for school juristic persons and private school managers who are juristic persons, and private school managers who are private persons, and may not exceed four years, but may be reappointed only once. However, the principal of an elementary or secondary school may be reappointed." Thus, the term of office of the principal of a school may be restricted by the same school foundation.