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(영문) 대법원 2018.02.28 2016두64982
교원소청심사위원회결정취소
Text

All appeals are dismissed.

The costs of appeal are assessed against the Defendant. The Intervenor joining the Defendant are assessed against each other.

Reasons

The grounds of appeal are examined.

1. Article 54-3 (1) 1 of the Private School Act provides that "any person, for whom five years have not passed since the approval of taking office was revoked under Article 20-2 of the Private School Act, shall not be appointed to the head of a school." Article 57 of the Private School Act provides that "Where a teacher of a private school falls under Article 54-3 (1) 4 of the Private School Act, the reason for ipso facto retirement is stipulated, but Article 54-3 (1) 1 of the Private School Act does not stipulate ipso facto retirement.

If the head of a school commits an act which becomes the ground for revoking the approval of taking office of a school juristic person, and such act falls under any of the subparagraphs of Article 54-2 (1) of the Private School Act, the competent authorities may request the appointing authority to dismiss the head of the school concerned. In addition, if the act of the head of the school falls under any of the subparagraphs of Article 58 (1) or the subparagraphs of Article 61 (1) of the Private School Act, the appointing authority may dismiss

On the other hand, administrative laws and regulations, which serve as the basis for indive administrative acts, must be interpreted and applied strictly. Even if the teleological interpretation taking into account the legislative intent and purpose, etc. is not entirely excluded, such interpretation does not deviate from the ordinary meaning of the text and text.

However, if the approval of taking office is revoked pursuant to Article 20-2 of the Private School Act, it is interpreted that the head of the school is retired ipso facto from office, even if it is revealed that there was a mistake in the cancellation of taking office, the validity of ipso facto retirement does not affect, and the remedy for infringement of rights of the person who is employed as the principal

Article 54-3 (1) 1 of the Private School Act and the form and contents of the relevant regulations, the principle of interpretation of administrative laws and regulations, which serve as the basis for indivating administrative acts, and the terms of "appointing" are general.

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