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(영문) 서울고등법원 2016.06.03 2015누51523
교감승진제외처분취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Details of the disposition;

A. On March 25, 1983, the Plaintiff was newly appointed as a public educational official for elementary school and served as an elementary school teacher on August 31, 2007, and obtained a master’s degree in education from a school juristic person B (hereinafter “C”) on August 31, 2007, and was selected as a person eligible for qualification training as an assistant principal in 2012, and received the pertinent training.

B. However, the Minister of Education requested C to cancel the Plaintiff’s degree on the ground that C grants the Plaintiff’s degree through abnormal academic management such as granting credits even in sight due to reduction classes, etc., and requested C to suspend the Defendant’s appointment based on the Plaintiff’s master’s degree acquisition until the relevant measures are completed.

C. Accordingly, on June 7, 2013, the Defendant notified the Plaintiff that personnel management (promotion, qualification training, etc.) will be suspended.

(hereinafter “instant disposition of withholding personnel.” The Plaintiff filed an application with Suwon District Court 2013A686 to seek the suspension of validity of the instant disposition of withholding personnel affairs, and on August 6, 2013, the Suwon District Court rendered a decision to suspend the effect until the pronouncement of judgment in the case No. 2013Guhap6153, which is the principal case.

The defendant, on March 1, 2014, excluded the plaintiff from promotion, while promoting 110 teachers from among teachers as assistant principals from regular teachers.

(2) On May 28, 2014, the lower court rejected the Plaintiff’s petition for review on the ground that the Plaintiff did not have the right to file an application under the law or sound reasoning on promotion.

[Reasons for Recognition] Facts without dispute, Gap's 1 through 3, 6 through 10, Eul's 1 through 4, and 6's statements, the purport of the whole pleadings

2. The details of the relevant Acts and subordinate statutes are as shown in attached statutes;

3. The case.

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