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(영문) 서울고등법원 2018.11.16 2018누40739
교장임용거부처분 무효 확인의 소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On March 1, 1979, the Plaintiff is a public educational official who was promoted as an assistant principal on September 1, 201 after being appointed as an elementary school teacher and served as an assistant principal of B elementary school and was retired on February 28, 2018.

B. From October 21, 2013 to November 15, 2013, the Plaintiff received “the sixth elementary school principal qualification training” from October 21, 2013.

C. As of January 31 each year, the C superintendent of education shall prepare a list of candidates for promotion in the order of candidates for promotion with high scores of evaluating career, work performance, and training performance, and on January 31, 2014, the “list of candidates for promotion of public educational officials (elementary school principals)” is listed in the list of candidates for promotion on January 31, 2014.

On March 1, 2014, the President newly promoted 18 principals within the jurisdiction of the C Office of Education, and the Plaintiff was not included in the promotion of the above C Office of Education.

(hereinafter referred to as the “instant disposition”) the President’s act except for the above promotional appointment.

On March 7, 2014, the Plaintiff filed a request with the D Committee for review of a teacher’s petition seeking revocation of “the Minister of Education’s rejection of appointment of a principal on March 1, 2014 to the Plaintiff,” but the D Committee rejected the Plaintiff’s petition on the ground that “the Plaintiff did not have the right to apply for appointment of a principal” on May 14, 2014.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 6, the purport of whole pleadings

2. Determination as to the legitimacy of the instant lawsuit

(a) An entry in the attached Form of relevant Acts and subordinate statutes;

B. 1) Whether the disposition of this case is recognized or not, the defendant's summary of the defendant's assertion does not have the right to file a request for appointment or proposal for appointment as the principal of the school, and the lawsuit of this case based on the above right to file a request is unlawful. 2) The Public Educational Officials Act provides that the principal of the school shall be appointed by the President on the recommendation of the Minister

(Article 29-2(1)). Furthermore, the promotion of public educational officials shall be made.

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