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(영문) 서울고등법원 2019.01.09 2018누44779
교원소청심사위원회결정취소
Text

The judgment of the first instance shall be revoked.

2. On December 26, 2016, the Plaintiff filed an application for modification of the purport and cause of the claim.

Reasons

1. The reasoning of the judgment of the court of first instance, such as admitting the relevant part of the judgment of the court of first instance, is as stated in the grounds of the judgment of the court of first instance (excluding the corresponding part of the judgment of the court of first instance excluding the corresponding part of the judgment of the court of first instance excluding the corresponding part of the judgment of the court of first instance excluding the corresponding part of the judgment

2. The Defendant was obligated to examine whether the dismissal of the Plaintiff is likely to be avoided by any other division within the B-university or by any other division within the Ministry of Education or by any other division within the Ministry of Education pursuant to Article 70(3) of the State Public Officials Act.

Nevertheless, since the Defendant neglected such duty and rendered the instant disposition, the instant disposition was unlawful as it was an abuse of discretion in violation of the principle of proportionality.

4) Even if the transition to B University, a national university, constitutes “the abolition of the position system and the prescribed number,” the instant disposition is unlawful in violation of Article 20 of the Decree on the Appointment of Educational Officials. 5) The instant disposition is deemed to violate the principle of reliance protection, and the instant disposition is against the principle of equality, deeming that there was no case of ex officio dismissal of employees of B University, and that there was no discrimination against teachers and employees without reasonable grounds, and thus, it violates the principle of equality. Therefore, it is unlawful

The 4th 6 to 7th 15th am shall be amended as follows:

Judgment

1) Article 31(6) of the Constitution provides that “The basic matters concerning the teachers’ status shall be determined by the Act.” The main sentence of Article 56(1) of the Private School Act, Article 43(2) and Article 43(2) of the Public Educational Officials Act (Respect for Educational Authority and Guarantee of One’s Status) (1) of the Educational Officials Act shall be respected, and teachers shall not be unfairly affected by their special positions and status.

(2) Public educational officials shall be sentenced to punishment or disciplinary action.

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