beta
(영문) 대법원 2018.11.15.선고 2017두61225 판결

소청심사청구기각결정취소

Cases

2017Du61225 Decided the request for review of a petition

Plaintiff, Appellant

A person shall be appointed.

Defendant, Appellee

Appeals Review Committee for Teachers

Intervenor joining the Defendant

B Educational Foundation

Judgment of the lower court

Seoul High Court Decision 2017Nu44376 Decided September 1, 2017

Imposition of Judgment

November 15, 2018

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff, including the part arising from the supplementary participation.

Reasons

The grounds of appeal are examined.

The lower court rejected the Plaintiff’s assertion that there are circumstances to consider the details and degree of the Plaintiff’s violation of the duty of prohibition of profit-making and concurrent office, and determined that there was no illegality of deviation or abuse of discretion in a disciplinary action against the Plaintiff in light of the following: (a) the Plaintiff’s violation of the duty of good faith is recognized; and (b)

Examining the reasoning of the lower judgment in light of the relevant legal doctrine, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine regarding the freedom of learning, the legal principle of teacher status, the principle of equity, and the deviation and abuse of the discretionary power of disciplinary action, or by exceeding the bounds of

Therefore, the Plaintiff’s appeal is dismissed, and the costs of appeal are assessed against the losing party, including the portion arising from the participation in the appeal. It is so decided as per Disposition by the assent of all participating Justices.

Justices Park Jae-young

Justices Jo Hee-de

Justices Kim Jae-in

Justices Min You-sook of the District Court

Justices Lee Jae-hwan

심급 사건
-서울행정법원 2017.4.7.선고 2016구합69741