Plaintiff (Law Firm KEL, Attorneys Gyeong-sung et al., Counsel for the plaintiff-appellant)

Ministry of Education and Human Resources Development

An intervenor;

June 26, 2007

Seoul Administrative Court Decision 2006Guhap14797 decided Nov. 7, 2006

1. The defendant's appeal is dismissed.

2. Of the appeal costs, the part arising between the Plaintiff and the Defendant is borne by the Defendant, while the part arising from the participation by the Defendant is borne by the Intervenor.

1. Purport of claim

The Defendant’s decision on August 29, 2005 regarding the revocation of the disposition of revocation of dismissal No. 2005-119 between the Plaintiff and the Intervenor joining the Defendant is revoked.

2. Purport of appeal

The judgment of the first instance is revoked. The plaintiff's claim is dismissed.

1. Quotation of judgment of the first instance;

With respect to this case, the reasoning for the court’s explanation is as stated in the reasoning of the first instance judgment, except for adding the following descriptions and judgments to the “B. Judgment” of the reasoning of the judgment of the first instance. As such, Article 8 of the Administrative Litigation Act and Article 420 of the Civil Procedure Act shall be cited as it is in accordance with the reasoning of the judgment of the first instance.

[Additional Parts: 5 pages 2 of the Judgment of the first instance court: hereinafter referred to as "as ............."

(1) The defendant and the intervenor asserted that the period for filing the lawsuit of this case has expired as stipulated by the Administrative Litigation Act, and that the period for filing the lawsuit of this case has to be terminated within two weeks pursuant to Article 173(1) of the Civil Procedure Act, and that the Constitutional Court made a decision of unconstitutionality as to Article 10(3) of the Teachers' Status Act on February 23, 2006, and 14 days have passed since the Constitutional Court made a decision of unconstitutionality as to Article 10(3) of the Teachers' Status Act on April 18, 2006. However, as seen above, if a party has a legal disability that is unable to file an administrative lawsuit, the period for filing the lawsuit of this case must be calculated from the date the legal disability is terminated. The beginning date of the period for filing the lawsuit of this case shall be February 23, 2005, and thus the legal disability has already been terminated by the Constitutional Court's decision of unconstitutionality as to Article 10(3) of the Teachers' Status Act.

2. Conclusion

Therefore, the judgment of the first instance court is legitimate, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

Judges Jeong Jong-ok (Presiding Judge)

A judge who is unable to sign and seal due to overseas training of judges;