1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

1. Basic facts

A. On July 19, 2016, the Superintendent of the Office of Education of Gwangju Metropolitan City issued a disposition of dismissal and cancellation of recognition of qualification as president against Plaintiff B, who is the director of the D kindergarten located in Gwangju-gu, Seo-gu, and issued a disposition of dismissal against Plaintiff A, who is a teacher of a kindergarten on the same day (hereinafter “instant disposition”).

B. On July 20, 2016, the Plaintiffs were notified of the instant disposition and dissatisfied therewith, and filed a petition for review seeking confirmation of invalidity of the instant disposition on January 23, 2017. On March 22, 2017, the Defendant dismissed the petition on the ground that the request for review of this case was filed “30 days from the date on which he/she becomes aware of the fact of the disposition,” which is the deadline for request under Article 9(1) of the Special Act on the Improvement of Teachers Status and the Protection of Educational Activities (hereinafter “School Status Act”).

[Ground of recognition] Facts without dispute, Gap evidence 1 through 8, 10 evidence, Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. The provision on the request for review of an appeal under Article 9(1) of the Act on the Status of Teachers in the Plaintiffs’ Claims has the nature of a special law on the request for administrative appeal under Article 27 of the Administrative Appeals Act. Since there is no separate provision on the request for confirmation of nullity under the Act on the Status of Teachers, in the case of a request for adjudication

However, Article 27 (6) of the Administrative Appeals Act provides that Article 27 (1) through (5) of the Administrative Appeals Act does not apply to a request for confirmation of nullity.

Therefore, the decision of dismissal of this case, which applied the provision of the adjudication period under Article 9 (1) of the Teachers' Status Act, even though a request for nullification confirmation is filed, is erroneous in violation of statutes.

B. Article 16(1) and (2) of the State Public Officials Act, an individual statute, which serves as the basis for the instant disposition.