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(영문) 대법원 2017.10.12 2017두42491
임용취소처분취소
Text

All appeals are dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

1. In light of the purport of the entire pleadings and the outcome of the examination of evidence, the court shall render a determination of facts free of charge in accordance with logical and empirical rules, based on the principle of free evaluation of evidence, by taking into account the social justice and equity, so long as it does not exceed the bounds of the principle of free evaluation of evidence, the determination of the value of evidence and the fact-finding belong to

(2) On February 2, 198, the lower court determined that the instant disposition, based on the reasoning of the first instance judgment, was unlawful on the ground that (1) the instant disposition, which had been appointed as a teacher by specially employing the Plaintiffs, did not go through an open screening process through a competitive examination, cannot be deemed unlawful on the ground that it did not go through an open screening process. (2) The lower court determined that the instant disposition was unreasonable on the ground that there was no

3. The part of the ground of appeal disputing the fact-finding of the lower court is merely an error of the selection of evidence and the determination of the value of evidence belonging to the free trial of the fact-finding court, and thus, cannot be accepted.

In addition, the reasoning of the first instance judgment cited by the lower court is examined in light of the special circumstances in the instant case, including the provisions and contents of the relevant statutes in the first instance judgment, including Articles 10(2) and 12 of the Educational Officials Act, and the evidence duly admitted, and there is no error in the lower judgment by misapprehending the legal doctrine regarding the interpretation and determination of each of the above provisions related to the procedural illegality of special employment and the exercise of discretionary power, or by exceeding the bounds of the principle of free evaluation

4. Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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