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(영문) 서울고등법원 2017.02.09 2016누55096
교원소청심사위원회결정취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff, including the costs of supplementary participation.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for adding the following judgments as to the plaintiff's assertion, and thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of

2. The addition;

A. The Plaintiff, at the time of promotion on March 1, 2014, passed the evaluation of teaching staff at the time of promotion, and the principal of the principal of the principal of the principal promises the Plaintiff to be promoted, and the Plaintiff has the right to expectation of promotion. As such, the Plaintiff is entitled to file an application for promotion under laws and regulations or cooking that allows the Plaintiff to be promoted, and the refusal of promotion in the instant case is subject

However, in light of the overall purport of evidence No. 2 and evidence No. 3, the following circumstances revealed, namely, ① the Plaintiff passed a teaching evaluation for promotion as of March 1, 2014 and passed a resolution of the Teachers Personnel Committee on March 1, 2015, the Plaintiff cannot be deemed to be appointed as an associate professor as a matter of course, solely on the ground that the Plaintiff passed a recommendation by the Teachers Personnel Committee for promotion as of March 1, 2014, which was a new appointment procedure, and ② the head of the school administration sent to the Plaintiff upon the request of the Plaintiff for fact-finding that the Plaintiff was suspended from promotion as of March 1, 2014, and it is difficult to view that the Plaintiff promised to be promoted in the future, solely on the ground that the Plaintiff notified the Plaintiff of the fact that the Plaintiff was suspended from promotion as of March 1, 2014, upon the request of the Plaintiff for fact-finding investigation on the Plaintiff’s misconduct. ③ The Plaintiff received the right to receive evaluation for promotion as of March 1, 2015.

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