(영문) 서울고등법원 2016.06.23 2016누33300

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(영문) 서울고등법원 2016.06.23 2016누33300

교원소청심사위원회결정취소

Text

1. All appeals filed by the Plaintiff and the Intervenor are dismissed.

2. The costs of appeal shall be borne by each party.

purport.

Reasons

1. The intervenor's judgment on the part of the main defense

A. The Intervenor’s main defense defense appeal may only file a lawsuit against himself/herself, and whether the trial is disadvantageous to the appellant shall be determined at the time of the filing of the appeal in accordance with the text of the judgment. If the appellant’s assertion was accepted and won, there is no benefit of appeal even if there is a complaint in the reasoning of the judgment. Since the Plaintiff won the entire judgment in favor of the first instance court, the Plaintiff’s appeal in this case is unlawful as there is no benefit of appeal.

B. 1) The legal principles on the interest in appeal are intended to seek revocation or alteration in favor of one’s own unfavorable judgment. Thus, an appeal against a favorable judgment cannot be allowed, and whether a judgment unfavorable to the appellant is disadvantageous to the appellant, in principle, should be determined on the basis of the text of the judgment, and if the claim is accepted, there is no benefit in appeal (see Supreme Court Decision 91Da40696, Mar. 27, 1992). However, it cannot be deemed that the legal principles on determining the interest in appeal is applied without exception to the legal principles on determining the interest in appeal based on the basis of the text of the judgment. (2) The interest in appeal in this case cannot be deemed as being applied to the disposition agency without exception, with the binding force of the defendant, this extends not only to the matters included in the text of the decision, but also to the judgment on the requirements of the fact that the premise is based on the premise, namely, the recognition and judgment

Therefore, if an administrative litigation is not filed against the cancellation of a disciplinary action by citing a request for review of an appeal by a private school teacher, or the court dismisses a request for cancellation of a decision by a school juristic person, etc. in an administrative litigation filed against it and the decision becomes final and conclusive as it is, the order of

참조판례

-대법원 1992. 3. 27. 선고 91다40696 판결

유사 판례

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