The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

1. Regarding ground of appeal No. 1

A. The lower court determined that Article 12(1)5 of the Public Educational Officials Act and Article 12(1)2 of the Act apply to cases where a former teacher of a private school is employed as a public educational official under Article 12(1)5 of the Public Educational Officials Act (hereinafter “Act”), on the ground that Article 12(1)1, 4, and 5 of the Act is premised on the fact that the former teacher of a private school is a public educational official or is a public educational official or a teacher of a private school, whereas Article 12(1)2 of the Act requires only “the research or work performance or work performance equivalent to the position scheduled to be appointed for three years or more,” on the ground that Article 12(1)5 of the Act requires that “the former special employment of a former teacher of a private school, such as the Plaintiff, is subject to Article 12(1)5 of the Act.”

The judgment below

Examining the reasoning in light of relevant statutes and legal principles, such determination by the lower court is justifiable, and contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the legal doctrine on Article 12(1) of the

B. The lower court determined whether the instant special employment was unlawful due to the lack of an open screening, but the appointment of a public educational official should, in principle, be based on the open screening pursuant to Articles 10(2) and 11(1) of the Act, but on the other hand, Article 10(2) of the Act provides that the equal opportunity for appointment based on the ability shall be guaranteed to all persons, and does not necessarily provide that the special employment should be selected through the open screening. Furthermore, the public educational official’s law does not provide for the legal requirements for special employment, and the demand for human resources of an educational institution is complicated, thereby recognizing a separate selection method in which competition is restricted as a supplementary measure.