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(영문) 서울고등법원 2013.11.21 2013누14483
재임용탈락취소처분취소
Text

1. Revocation of a judgment of the first instance;

2. On June 25, 2012, the Defendant issued a disposition to revoke the reappointment of the Plaintiff to the Plaintiff.

Reasons

1. The reasoning for the court’s explanation concerning this case is as follows: (a) adding “A” and “B No. 11” to “A” following the 6th 5th 5 of the judgment of the court of first instance; (b) applying the 6th 7th 7 to “C. 13, 2012”; and (c) applying the 6th 13 through 18th 18th 6th 6th 6th 6th 6th 6th 6th 6th 18 [5] to “A. 18th 6th 18th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 10

As seen above, “(5) Of the disposition grounds of this case, the disposition grounds (2) and (3) of the disposition grounds of this case are acknowledged, but the disposition grounds of this case are not acknowledged. However, as long as the disposition grounds (1) are not acknowledged, the disposition of this case should be revoked on the following grounds. (a) Article 10(2) of the Special Act on the Improvement of Teachers’ Status provides that the defendant’s decision on the request for examination of an appeal shall bind the disposition authority. The binding force of this case is not only the matters included in the disposition of this case, but also the recognition and judgment of facts constituting the premise, i.e., disposition, etc., specific causes of illegality (see, e., Supreme Court Decision 2003Du7705, Dec. 9, 2005). (b) Accordingly, if the request of the school juristic person, etc. filed by the defendant against the defendant citing the request for examination of a private school teacher is dismissed and the decision of the defendant becomes final and conclusive, the disposition disposition of this case belongs to the school juristic person, and (2).

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