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(영문) 서울고등법원 2015.05.27 2014누61240
교원소청심사위원회결정취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal, including the part arising from the supplementary participation, are all assessed against the Plaintiff.

Reasons

1. The reasons for the court's explanation concerning this case are as follows: Gap evidence submitted additionally by the court of first instance, which is insufficient to recognize the illegality of the review and decision of this case; and Gap evidence Nos. 31 through 34, which is insufficient to recognize the illegality of the review and decision of this case; and it is identical to the reasons for the judgment of the court of first instance, except for the use of or addition to some of the decision of the court of first instance as stated below, and thus, it is acceptable in accordance with Article 8 (2) of the Administrative Litigation Act and Article

2. Parts to be dried;

(a) Parts 3, 15 and 19 of the judgment of the court of first instance shall be followed as follows.

“2) In order to be lawful in the dismissal and dismissal of a teacher of a private school as to the possibility of avoiding dismissal, there is a need for reasonable dismissal and examination. In full view of the following circumstances, the Intervenor dismissed the Plaintiff without establishing and examining reasonable dismissal standards, and the instant dismissal and dismissal were unlawful as it deviates from and abused discretion to the appointment and dismissal of a teacher of a private school.

A person shall be appointed.

(b) The sixth third part of the judgment of the court of first instance shall be written in the following manner:

Article 31(6) of the Constitution, Article 56(1) of the Private School Act, Article 43(2), Article 53(3), and Article 57(3) of the Public Educational Officials Act, Article 6(1) of the Special Act on the Improvement of Teachers’ Status, Article 70(1)3 and (3) of the State Public Officials Act, and Article 62(1)1 and (3) of the Local Public Officials Act, when a private university is dismissed from office on the ground that it has abolished class department and thereby has abolished class department and became a full-time teacher, it is possible to avoid dismissal or minimize the person subject to dismissal by either evading or converting a teacher into another private school under the Private School Act or another department of the relevant school.

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