(a) Purport of a request for nullification of dismissal;

(b) Where an action of dismissal against an associate professor of a private school is taken after the expiration of his/her term of office, whether there is a benefit to seek the confirmation of invalidity thereof (affirmative), and the existence of his/her status;

(c) The meaning of "when any unlawful grading, entry, or false certification or statement is made in personnel records", one of the grounds for dismissal of private school teachers as provided in Article 58 (1) 5 of the Private School Act;

(a) seeking confirmation of invalidity of an action of dismissal is not to be considered as seeking confirmation of invalidity of the dismissal itself, which is a previous legal act, but to be understood as a claim seeking confirmation that the dismissal still maintains the same status as the previous one on the premise that the dismissal is null and void;

B. Even if an action of dismissal against an associate professor of a private school was taken and then reappointed after the expiration of the term of office of an associate professor pursuant to the Private School Act and the articles of incorporation of the educational foundation, such action alone cannot be said to have no interest in seeking confirmation of invalidity, and his status shall be deemed to continue to exist, unless there are special circumstances to the effect that the action of dismissal against the associate

(c) "When a person with a teacher's status gives an improper grade, enters, or makes a false certification or statement in personnel records," which is one of the grounds for dismissal of a teacher of a private school under Article 58 (1) 5 of the Private School Act refers only to the time when a person with a teacher's status gives an improper grade, enters, or makes a false certification or statement in personnel records of a student or another teacher in relation to his/her duties.

(a)Article 228(c) of the Civil Procedure Act; Article 58(1)5 of the Private School Act

A. Supreme Court Decision 83Meu2069 delivered on May 14, 1985 (Gong1985,838) (Gong1987,1304 delivered on July 7, 1987) (Gong1987,1304). (B) Supreme Court Decision 90Nu3119 delivered on October 23, 1990 (Gong1990,240), Supreme Court Decision 91Da1134 delivered on June 25, 1991 (Gong191,203)

[Judgment of the court below]

Attorney above-at-law of the National Institute of Private Teaching Institutes

Seoul High Court Decision 90Na49049 delivered on March 19, 1991

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

We examine the grounds of appeal.

With respect to paragraphs 1, 3

The plaintiff's seeking confirmation of invalidity of the dismissal disposition of this case shall not be deemed as seeking confirmation of invalidity of the dismissal itself, which is a previous legal act, but shall be understood as a claim based on confirmation that the plaintiff still maintains the same status as the previous one on the premise that such dismissal is null and void (see Supreme Court Decision 90Meu21589, Nov. 23, 1990). Since the dismissal disposition of this case against the plaintiff was made on February 3, 1986, even if it was not reappointed after the expiration of the term of office of associate professor under the Private School Act and the articles of incorporation of the defendant corporation, it cannot be said that the plaintiff has no interest in seeking confirmation of invalidity of the dismissal disposition of this case, and the plaintiff's status shall not be deemed to continue as it is, unless there are special circumstances to the contrary. (In light of records, the plaintiff did not reach the retirement age as of April 19, 193).

The Supreme Court's precedent is not appropriate, unlike the case in this case.

With respect to the second ground:

Article 58 (1) 5 of the Private School Act provides that one of the grounds for dismissal of a teacher of a private school is the time when he gives unlawful scores, enters, or gives false testimony or statements in the personnel records. In light of other grounds for dismissal cited by the above, it is reasonable to deem that a person who already holds a teacher's status gives unlawful scores, enters, or makes false statements in the personnel records of a student or another teacher in relation to his duties. Therefore, the judgment below is just and there is no error in the misapprehension of legal principles as pointed out in the grounds for dismissal of a teacher of a private school. All of the arguments are without merit.

Therefore, the appeal is dismissed and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Yong-sung (Presiding Justice)