교원소청심사위원회결정취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal, including the part arising from the supplementary participation, are all assessed against the Plaintiff.
The court's explanation of this case by the court of the first instance as to this case is identical to the reasoning of the first instance judgment, except for the addition of the judgment as to the plaintiff's argument in the first instance court under Paragraph (2) below, and therefore, it is citing this as it is in accordance with Article 8 (2) of the Administrative Litigation
(The grounds alleged in the trial while filing an appeal by the Plaintiff do not differ significantly from the contents of the Plaintiff’s assertion in the first instance trial, and even if all evidence submitted in the first instance and the trial are examined, the first instance judgment rejecting the Plaintiff’s assertion is justifiable). The Plaintiff’s assertion on additional determination did not meet the standards for quantitative assessment as stipulated in Article 36(1) of the Regulations on the Personnel Management of Faculty Members and did not withdraw from the examination for reappointment.
The plaintiff refers to 3 Part III of the thesis, which was submitted to the intervenor as a result of international academic research by the intervenor in Part III of the paper.
The "C" and the "E" were notified several times of lack of the evaluation scores, and the intervenor also submitted a written vindication over three times, so the plaintiff provided an opportunity for sufficient vindication to the intervenor.
Nevertheless, the decision to review the appeal of this case, which omitted the decision on the relevant issue under the erroneous premise that this part is not included in the grounds for refusal of reappointment, should be revoked.
Judgment
Article 53-2 (6) of the former Private School Act (amended by Act No. 13936, Feb. 3, 2016) provides that "A person who has the authority to appoint and dismiss a teacher who has received an application for review of re-election shall decide whether to re-appoint the relevant teacher after deliberation by the teachers' personnel committee under Article 53-3 and notify the relevant teacher of such decision not later than two months prior to the expiration date of the term of appointment. In such cases, when he/she decides not to re-appoint the relevant teacher, he/she shall clearly notify his/her intention