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(영문) 대구고등법원 2018.05.18 2017누6205
견책처분취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for modification or addition as follows. Thus, it is acceptable to accept this as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Details to be corrected or added;

A. From the 23th 10 to 13th 13th 13th 13th 2 of the judgment of the court of first instance, “it is not sufficient to recognize that the instant disposition is objectively and objectively unreasonable, and thus, it cannot be deemed that the Defendant, a person having authority to take action, deviates from or abused the discretionary power that he left to the Defendant, because it is obviously unreasonable under social norms,” and thus, considering the various circumstances alleged by the Plaintiff, it is insufficient to recognize that “the instant disposition is objectively unreasonable, which is obviously unfair under the social norms, and thus deviates from or abused the discretionary power that he has left to the authority to take action,” and thus, it is difficult to recognize that “the Plaintiff’s assertion is made in light of the circumstances alleged by the Plaintiff.”

B. In the case of a party branch, the Plaintiff asserts that ① the Plaintiff’s act of participating in the instant party branch does not constitute “an act contrary to the public interest and neglecting the duty of good faith.” Thus, there is no reason to impose “prohibited group act”, and ② even if it falls under such reason, the instant disposition was abused or abused in light of the circumstances leading up to the Plaintiff’s participation in the instant party branch or the equity with teachers belonging to other offices of education, etc.

However, in light of the relevant legal principles, the Plaintiff’s active participation in the instant case’s debate in light of the various circumstances in the statement of the first instance court, which are acknowledged by the respective descriptions of evidence Nos. 1 through 6 (including paper numbers) and the purport of the entire pleadings.

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