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(영문) 서울행정법원 2017.11.10 2017구합62792
교원임용취소처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit, including the part resulting from the participation in the lawsuit, are all assessed against the Plaintiff.

Reasons

1. Details of the disposition;

A. On February 15, 2005, the Plaintiff acquired the qualifications for Class II regular teachers of secondary schools (Seowon C).

From March 1, 2008 to February 28, 2009, the Plaintiff served as a teacher for fixed-term employment in the D Middle School operated by the Defendant Litigation Intervenor (hereinafter “ Intervenor”).

On March 1, 2009, the Plaintiff was appointed as D Middle School Teachers.

B. On February 2012, the Superintendent of the Gyeonggi-do Office of Education confirmed that the Intervenor appointed the Plaintiff without undergoing an open screening process and did not undergo a resolution by the board of directors while appointing the Plaintiff.

On March 2, 2012, the superintendent of the Gyeonggi-do Office of Education notified the intervenor to the head of the Education Support Office of Mosan, which is the competent agency of the D Middle School, to cancel the appointment of the plaintiff, and on July 2, 2012, the head of the Education Support Office of Mosan requested the intervenor to cancel the appointment of the plaintiff.

C. On July 10, 2015, the head of the District Education Office of Masungsan requested the participant to cancel the appointment of the Plaintiff by July 27, 2015, and notified the participant that he would take measures, such as cancellation of the appointment of the Plaintiff, if not dealt with, on the grounds that the intervenor could not cancel the appointment of the Plaintiff on the grounds of internal disputes (the board of directors for cancellation of appointment) such as internal disputes (the board of directors for cancellation of appointment).

Accordingly, the intervenor revoked the appointment of the plaintiff on August 31, 2015.

(hereinafter “instant disposition”) D.

On September 18, 2015, the Plaintiff filed a petition review with the Defendant, and the Defendant dismissed the petition on December 9, 2015.

(hereinafter referred to as “instant decision”). 【No dispute exists, Gap 1 through 8, Eul 1, and the purport of the entire pleadings

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

3. Judgment on the defendant's main defense

A. On February 19, 2016, the Plaintiff filed a lawsuit against the Intervenor seeking the revocation of the appointment cancellation disposition, and on December 15, 2016.

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