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(영문) 수원지방법원 2016.02.16 2013구합11926
인사보류처분취소
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs, as teachers who are public educational officials, acquired a master’s degree in education (hereinafter “instant degree”). The Minister of Education demanded Q to cancel the Plaintiffs’ degree on the grounds that Q grants the Plaintiffs the instant degree through abnormal school affairs management such as granting credits to the Plaintiff by the time of class hours due to the shortened class, etc., and requested Q to suspend the Defendant’s promotion and other acts premised on the Plaintiffs’ acquisition of the instant degree until the relevant measures are completed.

B. Accordingly, on June 7, 2013, the Defendant issued a notice to the Plaintiffs (hereinafter “instant notice”) that withholding personnel related to promotion (e.g., promotion, qualification training, and registration on the list of candidates for promotion).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2 and 6, the purport of the whole pleadings

2. Judgment on the main defense of this case

(a) An appeal as an administrative remedy shall be permitted, except in special cases where an administrative agency has imposed an obligation on an applicant to take a certain administrative measure within a given period of time, but the administrative agency has failed to take an affirmative or passive measure against the applicant, and thus, the administrative agency's failure to take a certain measure is deemed to have taken a rejection disposition against the applicant's request, provided that the administrative agency's internal intent determined by the competent administrative agency is expressed externally or implicitly in an explicit or implied manner, and thus there is an administrative disposition seeking revocation.

The purpose of Article 13 of the Public Educational Officials Act is to promote public educational officials from among the subordinate public officials engaged in the same kind of duties, their career records, results of retraining, performance records, and other actual proof, as prescribed by Presidential Decree.

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