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(영문) 서울고등법원 2016.11.01 2016누55386
교원소청심사위원회결정취소
Text

1. The defendant's appeal is dismissed.

2. Of the appeal costs, the part arising between the Plaintiff and the Defendant is the Defendant.

Reasons

1. In the first instance trial, the Plaintiff sought revocation of the decision that the Defendant orders the Intervenor to be reappointed to the Intervenor on July 23, 2015 in the case of the revocation of the disposition rejecting the reappointment between the Plaintiff and the Intervenor’s Intervenor (hereinafter “the Intervenor”), and the revocation of the review and invalidity of the disposition rejecting the reappointment. The first instance court revoked the part ordering the Intervenor to be reappointed to the Plaintiff, and dismissed the remainder of the claim.

Therefore, since only the defendant appealed against this part of the judgment against the defendant, the scope of the judgment of this court is limited to the part that the defendant, who is the part against the defendant, ordered the plaintiff to be reappointed on July 23, 2015.

2. The reasoning for the court’s explanation of this case is as follows: (a) except for the addition of “(see Supreme Court Decision 2008Du17349, Sept. 9, 2010)” to “the grounds for the judgment of the court of first instance” is the same as that of the corresponding part of the judgment of the court of first instance; and (b) thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

3. The decision of the first instance court is just, and the defendant's appeal is dismissed as it is without merit.

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