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(영문) 서울고등법원 2015.05.15 2014누54891
교장중임임용제청거부처부취소
Text

The plaintiff's appeal is dismissed.

The plaintiff's additional claim is dismissed in this court.

after the appeal.

Reasons

1. The court's explanation concerning this case is identical to the reasoning of the judgment of the court of first instance, except for the addition in the following two paragraphs, and thus, this is acceptable in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Determination as to the legitimacy of the Presidential Decree’s rejection disposition on September 1, 2013

A. The Plaintiff’s assertion that the Defendant did not make an intermediate recommendation against the Plaintiff on August 23, 2013 on the ground that the Defendant’s reprimanded against the Plaintiff on June 19, 2013 was unlawful since it was unreasonable and fair for the Defendant to take a measure of refusal of the Plaintiff’s participation in school on September 1, 2013.

B. (1) Although the Plaintiff filed an appeal seeking the revocation of the decision of rejection of the recommendation of the middle-term teaching staff member prior to the filing of the appeal, there is no dispute between the parties concerned.

However, since the purport of the plaintiff's claim in the petition should be regarded as being excluded from the principal without reasonable grounds even though it should be the principal, the above petition seems to be formally against the decision of rejection of the middle-standing teacher's request, but it also includes the part that seeks to revoke the rejection of the middle-standing teacher's request.

Therefore, the plaintiff should be deemed to have gone through the appeal procedure required by Article 53(1) of the Public Educational Officials Act and Article 16(1) of the State Public Officials Act against the rejection disposition of the intermediate appointment of the principal.

Article 29-2 (2) and (3) of the Educational Officials Act provides that the term of office of the principal may be renewed only once every four years. Article 9-5 (1) of the Decree on the Appointment of Educational Officials provides that the principal may be reappointed unless there is any special reason for disqualification, and Article 3 of the "Guidelines for the Implementation of the tenure System of the principal of the principal and the principal of the school (amended by Directive 277 of December 28, 2012)" enacted by delegation shall be submitted to the defendant.

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