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(영문) 서울행정법원 2020.03.27 2019구합71431
직위해제처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On March 1, 2017, the Plaintiff was appointed as the principal on March 1, 2017, and served as the principal of the D Middle School located in Eunpyeong-gu Seoul Metropolitan Government (hereinafter “instant middle school”) from March 1, 2018 through B Middle Schools located in Dongjak-gu Seoul Metropolitan Government.

B. On April 26, 2018, the Plaintiff was seeking to seek the procedures for the change of school name from the Seo-gu Seoul Metropolitan Government Office of Education (hereinafter “Seo-gu Office of Education”) to seek advice from the Seo-gu Seoul Metropolitan Government Office of Education on April 26, 2018, and there was a conflict with the students, parents, and teachers opposing the change of the school name of the instant middle school. The Plaintiff filed a petition with the Seo-gu Office of Education on December 20, 201

C. On December 27, 2018, the head, academic affairs, etc. of the Western Office of Education provided special scholarships by holding an interview with the Plaintiff at the school principal, etc. of the instant middle school, and the audit team belonging to the Western Office of Education was from January 10, 2019 to the audit team belonging to the Western Office of Education.

1. By January 17, 201, the Plaintiff audited the adequacy of the procedure for promoting the alteration of school name, the decision to refer the case to the guidance committee for E students and the warning disposition against E teachers in charge of the same school name F, etc. Based on the result, the Seo-gu Office of Education requested the Defendant to exclude the Plaintiff from the principal’s duties on January 18, 2019.

The reason for the disposition of this case: Promotion of the change of school name and submission of the authentic statement of the parents and teachers to the management of the German school, etc., and the office of education of the jurisdiction requested immediate exclusion of the duties.

It is judged that the school operation is not capable of performing its duties as the principal because it does not exhibit democratic and cooperative leadership as the principal and causes civil petitions with the members of the school including the majority teachers.

On January 31, 2019, the Defendant rendered a disposition that “the Plaintiff’s position shall be removed from the Plaintiff’s position from February 1, 2019 to April 30, 2019” pursuant to Article 73-3(1)2 of the State Public Officials Act on the following grounds:

The “instant disposition” is called “instant disposition.”

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