logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2018.08.22 2017가합106828
강임처분무효확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant is a corporation that establishes and operates Chigh Schools for the purpose of providing high level general education and arts specialized education, and the plaintiff is a person who has worked as a teacher at C High Schools from March 2003 to March 2003.

B. From September 1, 2014 to August 31, 2016, the Defendant issued a personnel order to appoint the Plaintiff to the assistant principal of Chigh School.

(hereinafter “Appointment of assistant principal of this case”)

On June 22, 2016, the Defendant sent to Chigh School a public letter stating that “A High School Personnel Committee shall hold a teachers’ personnel committee on the dismissal of assistant principal positions according to the expiration of the term of office of assistant principal and reply to the result.”

Accordingly, the Chigh School Teachers' Personnel Committee held on June 24, 2016 decided to appoint the Plaintiff as a teacher upon the expiration of the Plaintiff's assistant principal position, and the following resolution was made by the Defendant's board of directors held on July 4, 2016.

On August 31, 2016, the Defendant ordered the Plaintiff to dismiss the assistant principal on the ground that the term of office of the assistant principal expires, and issued a personnel order to appoint the assistant principal to the high school teacher.

hereinafter referred to as "an order of personnel management on August 31, 2016" is "an order of personnel management."

(1) [Private School Act] Article 56 (Prohibition of Temporary Retirement, Dismissal, etc. against Intention) (1) No teacher of a private school shall be subject to any unfavorable disposition, such as temporary retirement, dismissal, etc. against his/her will, unless he/she is subject to a sentence of punishment, disciplinary action, or other grounds prescribed by this Act: Provided, That this shall not apply where he/she is in office or in excess of personnel due to the abolition or abolition of class and department, or the abolition or abolition of department. [1] Article 6 (Special Act on the Improvement of Teachers' Status and Protection of Educational Activities] (1) No teacher shall be subject to temporary retirement, demotion, or dismissal against his/her will without any grounds prescribed by a sentence, disciplinary action, or other Acts. [2] The term of office of an assistant principal of a private school shall be two years, and he/she may be reappointed

Acts and subordinate statutes relating to this case.

arrow