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(영문) 수원지방법원 2015.06.16 2014구합59475
교감승진제외처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

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 a degree through abnormal academic management, such as granting credits even at 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 of the fact that personnel management (e.g., promotion, qualification training, etc.) will be suspended.

The Plaintiff filed an application with this Court for the suspension of validity of the above notice of withholding personnel affairs under this Court No. 2013 A. 686, and this Court rendered a decision to suspend its validity until the pronouncement of the instant case was rendered on August 6, 2013.

The plaintiff was not promoted as an assistant principal from the regular personnel of teachers on March 1, 2014 to the assistant principal.

Therefore, the Plaintiff filed a petition review seeking the revocation of the Plaintiff’s failure to promote the Plaintiff as an assistant principal by asserting that it is an unfair administrative disposition. However, on May 28, 2014, the Appeal Committee for Teachers decided to dismiss the Plaintiff’s petition on the ground that the Plaintiff did not have the right to apply under the laws and regulations on promotion or cooking

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, 6 through 10, Eul evidence 1 to 4 (including paper numbers) and the purport of the whole pleadings

2. Judgment on the main defense of this case

A. The administrative disposition, which is the object of an appeal litigation, is, in principle, an administrative agency’s act of public law, ordering the establishment of rights or the burden of obligations in accordance with laws and regulations.

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