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(영문) 서울행정법원 2018.09.14 2018구합52686
교원소청심사위원회결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. A school foundation B (hereinafter “B”) is a school foundation that operates C Middle Schools.

C Middle School published “the 2016th year of music and regular teachers recruitment plan” on January 12, 2016, and the Plaintiff applied for this plan was appointed as music and regular teachers and worked at Cmiddle School from March 1, 2016.

B. From April 4, 2016 to July 22, 2016, the Gyeonggi-do Office of Education conducted a specific audit on the operational status of private school institutions and institutions B (hereinafter “specific audit”). As a result, the result of the audit conducted the following facts: (a) as if Cmiddle School did not hold a teachers’ personnel committee even though it did not employ six regular teachers including the Plaintiff from 2013 to 2016, it falsely prepared a false official document and minutes as if it were held; (b) conducted a regular teacher recruitment examination (written, interview) and conducted a false list of members for parents who did not participate in the evaluation; and (c) conducted a regular teacher recruitment examination (written, interview), it was confirmed that it forged and sealed the private person.

On November 4, 2016, the Gyeonggi-do Office of Education notified the results of such audit to B.

C. On June 8, 2017, B revoked the appointment on the ground that the appointment of the Plaintiff unfairly employed by the method of not holding the teachers’ personnel committee, preparing employment documents, forging the private person, etc., based on the result of the instant specific audit conducted on June 8, 2017

(hereinafter “Revocation of the instant appointment”) D.

On June 27, 2017, the Plaintiff filed a request for review of a teacher’s petition on the cancellation of appointment with the Defendant, and the Defendant rendered a decision to dismiss the Plaintiff’s request on November 1, 2017.

hereinafter referred to as the "decision of this case"

1) The grounds for the judgment of the court below are as follows: (a) the facts without any dispute over the grounds for the judgment of the court below; (b) Gap's evidence Nos. 1, 2, 9, 11 through 15; and (c)

2. Attached Table 1 of the relevant Acts and subordinate statutes;

3. Whether the decision of this case is legitimate

A. According to the Private School Act and the B’s articles of incorporation, the deliberation by the teachers’ personnel committee is not an essential procedure for the appointment of teachers.

In addition, the examination table for members for parents of students is prepared.

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