The judgment below is reversed and the case is remanded to Seoul High Court.

The grounds of appeal are examined.

1. The issue of whether a certain act of an administrative agency can be a subject of appeal cannot be determined abstractly and generally. In a specific case, an administrative disposition is an enforcement of law with respect to a concrete fact by an administrative agency as a public authority, which directly affects the rights and obligations of the people. The decision shall be made individually taking into account the content and purport of the relevant Act and subordinate statutes, the subject, content, form and procedure of the act, the substantial relation between the act and the disadvantage suffered by interested parties, such as the other party, and the principle of administration by the rule of law, the attitude of the administrative

(see, e.g., Supreme Court en banc Decision 2008Du167, Nov. 18, 2010). Meanwhile, an appeal litigation may be filed by a person who has legal interest in seeking revocation or nullification of a disposition, etc. (Articles 12 and 35 of the Administrative Litigation Act). The other party to a disadvantage disposition is recognized as standing to sue as a person who has suffered an infringement of personal interest (see, e.g., Supreme Court Decisions 94Nu8129, Aug. 22, 1995; 2013Du27517, Oct. 29, 2015). 2.

The educational officials shall be appointed by the President at the recommendation of the Minister of Education.

(Article 29-2(1). Furthermore, the promotion of a public educational official shall be made, from among the following persons engaged in the same kind of duties, based on his/her career records, results of retraining, performance records, and other capabilities that have been actually proven, as prescribed by Presidential Decree.

(Article 13). Meanwhile, the appointment authority or appointment-recommendation authority of a public educational official shall prepare and keep the list of candidates for promotion by qualification, as prescribed in Article 13 and Presidential Decree (Article 14(1)), and except when it is intended to promote a public educational official, a person having special qualifications prescribed by Presidential Decree is promoted or a person recommended to promote a public educational official.