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(영문) 수원지방법원 2016.02.16 2015구합61079
전보대상자 지위확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a person who was appointed as a teacher in a family department on March 1981 and served as a teacher in B middle school technology and family department.

B. On December 9, 2014, the Plaintiff submitted to the Defendant a letter of transfer to the effect that in accordance with Article 15(9)1 and Article 13(1)1 of the Detailed Criteria for Personnel Management of Public Educational Officials in Gyeonggi-do, the Plaintiff wishes to work as a family teacher in accordance with the special provision for transfer under Article 13(1)1 of the Detailed Rules for Personnel Management of Public Educational Officials in the Office of Education in Gyeonggi-do.

C. On February 9, 2015, the Defendant issued a transfer order to a “technical teacher” of Chigh School because it could not integrate technical subjects and family teachers, unlike middle schools, in the case of a high school on February 9, 2015, and cancelled the transfer order on the same day after receiving the Plaintiff’s claim. As a result, the Plaintiff had worked at B Middle School as technical and household teachers even in the year of 2015.

As a result of the cancellation of the above transfer order, the plaintiff was unable to receive the transfer order as a desired high school, and thus, it is called "the rejection disposition of this case".

(ii) [The facts without dispute over the basis of recognition, Gap evidence 1, 9-1, 2, Eul evidence 3 through 5, and the purport of the whole pleadings.

2. Judgment on the Defendant’s main defense

A. The Plaintiff filed an application for special transfer under Article 15(9) of the Detailed Criteria for Personnel Management of Public Educational Officials in Gyeonggi-do, and thus, the instant rejection disposition, which reported differently, is alleged to be unlawful, despite the need to be transferred prior to the person subject to regular transfer.

B. However, according to the proviso of Article 18(1) of the Administrative Litigation Act, Article 53(1) of the Public Educational Officials Act, Article 16(1) of the State Public Officials Act, and Article 9 of the Special Act on the Improvement of Teachers’ Status, public educational officials take disciplinary action and other unfavorable measures against their will.

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