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(영문) 대법원 2016.01.28 2013두26897
재임용탈락취소처분취소
Text

The appeal is dismissed.

The costs of appeal are assessed against the Defendant’s Intervenor, and the remainder are assessed against the Defendant.

Reasons

The grounds of appeal are examined.

1. The binding force of the decision of the Appeal Committee for Teachers (hereinafter referred to as the “Review Committee”) is not only the matters included in the main text of the decision, but also the recognition and judgment of facts constituting the premise thereof, i.e., determination on the revocation of a disposition rejecting reappointment by citing a request for review of an appeal by a private school teacher. Thus, if the decision of the Review Committee becomes final and conclusive by dismissing a request by the court for revocation of the decision of the Review Committee in the administrative litigation instituted by a school foundation, etc. (no administrative litigation is instituted or against it) and the decision of the Review Committee becomes final and conclusive, only the order of the decision of the Review Committee and the reasons constituting the premise thereof shall belong to the disposition authority, such as the school foundation.

(2) On July 25, 2013, according to the reasoning of the lower judgment and the reasoning of the first instance judgment partially admitted by the lower court, the lower court acknowledged the fact that the Defendant rendered the instant decision to revoke the appointment on the ground that (i) the Defendant’s supplementary intervenor did not comply with the prior notice procedure; (ii) the defect in failing to provide an opportunity to present opinions or opinions; and (iii) the defect in failing to specify the grounds for refusal of reappointment; and (iv) the Plaintiff fulfilled the procedure of notifying the Intervenor of the fact that the period of appointment expires four months prior to the expiration of the period of appointment; and (v) the Plaintiff’s implementation of the procedure of notifying the Intervenor of the fact that the period of appointment expires; and thus, (v) failure to comply with the prior notice procedure among each of the foregoing defect is not recognized.

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