logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2018.11.16 2017누78041
교장중임임용제청거부처분 취소 등
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Details of the disposition;

A. On March 1, 1978, the Plaintiff was newly appointed as a teacher of the New Elementary School, and on March 1, 2012, the term of appointment was up to February 29, 2016, and was appointed as the principal of the B elementary school.

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 the senior teacher at the time of the early retirement of the principal.

C. The Defendant did not recommend the appointment of the principal as to the Plaintiff, and on February 1, 2016, the Superintendent of the Gyeonggi-do Office of Education appointed the Plaintiff as the senior teacher on March 1, 2016, and issued a personnel order ordering the appointment of an elementary school designated by the head of the Ansan-do Office of Education and Education.

(hereinafter referred to as the “instant disposition,” excluding the Plaintiff’s recommendation for the appointment of the principal of a school.

On March 30, 2016, the Plaintiff filed a petition for an appeal review with the Appeal Committee for Teachers, seeking to refuse to recommend the appointment of a principal of a school and revocation of the disposition of demotion to a principal of a school.

On May 18, 2016, the Appeal Commission for Teachers decided to dismiss the Plaintiff’s petition on the ground that “The question of whether a teacher is a principal who has completed the first term of office as a principal under the Public Educational Officials Act shall be at the discretion of the appointing authority, and it is difficult to see that a principal is reappointed as soon as he/she satisfies certain requirements, and it is difficult to see that the principal is reappointed as soon as he/she is appointed as the principal, and thus, the Plaintiff’s refusal to be a principal does not constitute a disposition subject to the appeal examination.”

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 5, 8, Eul's 10, 11, and the purport of the whole pleadings

2. Whether the lawsuit of this case is lawful

A. The defendant's main defense 1.

arrow