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(영문) 서울행정법원 2018.04.27 2017구합72102
교장승진임용거부처분취소 청구의소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On September 5, 1984, the Plaintiff was newly appointed as a teacher of B elementary school, and was promoted as an assistant principal of C elementary school on March 1, 2012, and served as an assistant principal of D elementary school from September 1, 2013 to March 1, 2017.

The defendant is the defendant on behalf of the President who is the appointment-recommendation authority for promotion of elementary school principals and is the appointment-recommendation authority.

On February 15, 2005, the Plaintiff was subject to disciplinary action for three months of salary reduction due to his/her breach of dignity (hereinafter “instant disciplinary power”), following a resolution by the General Disciplinary Committee of the Eth Office of Education (hereinafter “Disciplinary Committee”) on the grounds that his/her mother (hereinafter “school mother”) and female teachers continue to exist, and his/her wife was hospitalized, and the records of the said disciplinary action were cancelled on the same day.

On July 22, 2015, the Plaintiff acquired the qualification as the principal of an elementary school, and on January 31, 2016, registered the list of candidates for promotion of the principal of an elementary school at E Office of Education, and on January 16, 2017, E Superintendent recommended the Plaintiff to the Defendant as the applicant for appointment as the principal of an elementary school.

However, on January 25, 2017, the Defendant excluded the Plaintiff from the person subject to the appointment of the appointment of the appointment of the principal of an elementary school, and as a result, the Plaintiff was dismissed from the appointment of the appointment of the principal on March 1, 2017.

(hereinafter “instant disposition”). On February 27, 2017, the Plaintiff filed a petition with the Appeal Commission for Teachers’ Appeal, but was dismissed on April 19, 2017.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1, 4, 6, 7, 8, 10, 12, and 13, and Eul evidence Nos. 1 (including each number), and the purport of the whole pleadings as to whether the lawsuit of this case is legitimate or not, the defendant's right to request the plaintiff to promote himself to an elementary school principal, is not infringed upon the plaintiff's right of promotion.

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