Where the provisions of the Private School Act on disciplinary action against teachers are amended, effects of the articles of incorporation of an educational foundation in violation of the amendment

If the provisions of the Private School Act or the Enforcement Decree of the same Act concerning disciplinary action are amended, the articles of incorporation of a school juristic person in violation of the amended provisions become null and void as a matter of course. Therefore, school juristic persons shall take disciplinary action against teachers pursuant to the amended Acts and subordinate statutes, and shall not take disciplinary action pursuant to the articles of incorporation of the same Act and subordinate statutes prior to the amendment, on the ground that the articles of incorporation has not been amended. In doing so,

Article 62 (2) of the Private School Act, Article 27 of the Labor Standards Act

[Plaintiff-Appellant-Appellee] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Park Jae-soo et al., Counsel for plaintiff-appellant-appellant-appellee)

Plaintiff

The Daejeon Institute of Education for the Supervision of School Foundation

Daejeon High Court Decision 93Na1198 delivered on July 16, 1993

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

We examine the grounds of appeal.

Article 56 of the Private School Act provides that a teacher of a private school shall not be subject to a disadvantageous disposition against his will, except for a punishment imposed or for the reasons prescribed by this Act, and that a teacher of a private school shall guarantee his status as a teacher by law like a public educational official. Accordingly, the reason and procedure for a disciplinary action against a teacher of a private school shall be provided strictly and in detail (Article 61 of the Private School Act and Article 24-2 of the Enforcement Decree of the Private School Act).

On the other hand, the matters concerning disciplinary action against teachers are not necessary matters in the articles of incorporation of a school juristic person (Article 10 of the Private School Act), and as seen earlier, the reason and procedures are stipulated in detail in the statutes itself, so there is a need to keep separate regulations on the disciplinary action against teachers in the articles of incorporation of a defendant juristic person (According to the actual record, the provisions on disciplinary action against teachers or the regulations on the regulations on the enforcement of the Private School Act and the Enforcement Decree on the disciplinary action against teachers in the articles of incorporation of a defendant juristic person). Even if the regulations on the disciplinary action are established, there is only a supplementary provision on the detailed matters within the extent that does not violate the provisions of the statutes, and there is no provision on the articles of incorporation of a school juristic person

Therefore, if the provisions of the Private School Act or the Enforcement Decree of the same Act concerning disciplinary action are amended, the articles of association of a school juristic person that violates the provisions of the amended Act shall lose its validity as a matter of course. According to the evidence No. 3 (the Private School Act’s amended Act’s amended Act’s amended Act’s amended Act’s amended Act’s amended Act’s Article 62(2) of the Private School Act’s amended Act’s amended Act’s amended Act’s amended Act’s amended Act’s amended Act’s Article 62(2), it can be recognized that a school juristic person should take disciplinary action against teachers pursuant to the amended Act’s amended Act’s amended Act’s amended Act’s amended Act’s amended Act’s amended Act’s amended Act’s articles of association

In the same purport, the court below is just in holding that the teachers' disciplinary committee organized in accordance with the relevant provisions of the Private School Act as amended in the society of defendant corporation, which has the right to deliberate on the amendment of articles of incorporation, cannot be deemed to be erroneous, and there is no error in the misapprehension of legal principles as to the composition of the teachers' disciplinary committee of private schools.

Therefore, the appeal is dismissed and the costs of appeal are assessed against the losing plaintiff. It is so decided as per Disposition by the assent of all participating Justices.

Justices Park Young-chul (Presiding Justice)