교장임명보고반려처분취소
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
The grounds of appeal are examined.
1. Article 53(3) of the Private School Act provides, “The term of office of the head of each school shall be determined by the articles of association for school juristic persons and private school managers who are private persons, and may not exceed four years for private school managers who are private persons, and may be reappointed: Provided, That the head of an elementary school or a secondary school may be reappointed only once.”
It is reasonable to view that the term “middle school” subject to restriction on the intensive appointment of principal refers not only to a specific secondary school established and operated by a school foundation, but also to a number of secondary schools established and operated by the same school foundation.
Accordingly, if a person who has been appointed as a principal at one of the middle schools established and operated by the same school foundation and completed a eight-year term of school principal appointment, including the first middle school principal, is reappointed as a principal of another middle school operated by the same school foundation, it shall be deemed that the restriction on the middle school under the proviso of Article 53(3)
The reasons are as follows. A.
The amended Private School Act (amended by Act No. 7802 of Dec. 29, 2005) amended by Act No. 7802 of Dec. 29, 2005 provided for the first time the restriction on the appointment
The term of office of the head of each school of various levels was the articles of association for school juristic persons and private school managers who are private schools, and the private school managers who are private persons shall be determined by the rules, but shall not exceed four years, and may be reappointed only once.
This is to be fair with national and public elementary schools where the term system of school principal has already been implemented, and if the head of a private school holds office for a long time without restriction on the frequency of middle school, transparency of school operation can be reduced due to the care of the school juristic person. The school principal who wishes to be a principal may be dependent on the will of the school juristic person, which is highly likely to be dependent on the intention of the school juristic person.