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(영문) 서울행정법원 2017.09.28 2016구합6641
교장중임임용제청거부처분 취소 등
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. On March 1, 2012, the Plaintiff was appointed as the principal of B elementary school as of February 29, 2016.

B. On December 3, 2015, the expiration date of the term of appointment of the principal of the school submitted to the Superintendent of the Gyeonggi-do Office of Education on December 3, 2015, a letter of desire to appoint the principal as a senior teacher in the middle of the second principal, and the senior teacher in the middle of the second principal.

C. On February 1, 2016, the Superintendent of the Gyeonggi-do Office of Education appointed the Plaintiff as a senior teacher on March 1, 2016, and issued a personnel order to order an elementary school designated by the Gancheon District Office of Education and Education.

On March 30, 2016, the Plaintiff filed an appeal review with the Defendant and the Superintendent of Gyeonggi-do Office of Education seeking to refuse to recommend the appointment of the principal of a school and to revoke the disposition of demotion to the Superintendent of Gyeonggi-do Office of Education (2016-243).

On May 18, 2016, an appeals review committee for teachers decided to dismiss the plaintiff's petition on the ground that the rejection of the plaintiff's petition is not a disposition subject to appeal review because the plaintiff's rejection of the plaintiff's petition is not a disposition subject to appeal review because the plaintiff's rejection of the plaintiff's petition is not a disposition subject to appeal review because the plaintiff's rejection of the plaintiff's petition is not a disposition subject to appeal review, because it is difficult to view that the principal's first term of office is a school principal's first term of office as a principal.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Judgment on the defendant's main defense

A. The defendant's assertion 1 of the parties cannot be deemed as the plaintiff's assertion that the plaintiff submitted to the Superintendent of Gyeonggi-do Office of Education a desired letter of desire to be appointed as a principal teacher or senior teacher, and the plaintiff did not request the defendant to recommend a principal teacher.

Therefore, the defendant is taking part in teaching staff for the plaintiff.

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