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(영문) 대법원 2016.01.14 2013두15873
호봉정정처분취소기각결정취소
Text

The judgment below is reversed and the case is remanded to Seoul High Court.

Reasons

The grounds of appeal are examined.

1. Article 9(1) of the Public Officials Remuneration Regulations provides that “Where a public official falls under any of the following subparagraphs while in office, his/her salary grade shall be re-defined” and subparagraph 1 of the same Article provides that “where a new career experience (in cases of public educational officials, including where there is a change in qualifications, academic background, or name (limited to universities or junior colleges) has occurred, the reason for re-Definition of his/her salary grade shall be included.”

In addition, by clarifying the matters delegated by the Public Officials Remuneration Regulations and the criteria for the duties related to the remuneration of public officials, such as the determination of the salary grade, the "Guidelines for the Remuneration of Public Officials, etc." enacted for the purpose of achieving the accuracy and uniformity of duties (amended by the Ministry of Public Administration and Security Ordinance No. 163 of Jun. 30, 2008 and amended by the Ministry of Public Administration and Security Rule No. 377 of Sept. 21, 201) and the "Guidelines for the remuneration of public educational officials in 2008", which have arranged the guidelines for the duties of relevant educational administrative agencies and their employees in the Ministry of Education, the Ministry of Education, and the Ministry of Education (Ministry of Education) provide that "the change of qualifications, etc. for the public educational officials in 208, which are the grounds for the re-determination of the salary grade for the public educational officials, refers to

Meanwhile, Article 21 (2) of the Elementary and Secondary Education Act divides the qualifications of teachers into regular teachers (class I 2), assistant teachers, specialized counselors (class I 2), librarians (class I 2), vocational teachers, vocational teachers (class I 2), health teachers (class I 2), and nutrition teachers (class I 2). Article 2 [Attachment I] and [Attachment II] of the Enforcement Rule of the Qualification Examination Decree of the Elementary and Secondary Education Act strictly distinguish the subjects to be indicated in the qualification certificate of regular teachers and assistant teachers and the qualification certificate of practical teachers.

The appointment of teachers shall be made by classifying them by the type of qualification and by the description of indication corresponding to the scheduled job placement, and the practical skill instructors shall be employed by secondary school teachers and their employees.

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