In a case where Gap, who acquired a bachelor’s degree in literature information under the Act on Recognition, etc. of Credits, was newly appointed as an elementary school teacher upon receiving a bachelor’s degree in education, and Gap applied for conversion of 80% of the school year of Eul into career when submitting an aggregate application for defining the beginning salary grade, but the Superintendent of an Office of Education did not include this and notified Gap of the fact, the case holding that the above disposition, which the Superintendent of an Office of Education, judged that “the number of school years” cannot be interpreted as the same as the graduation of a university under the Higher Education Act under the Regulations on Recognition, etc. of Credits, cannot be viewed as violating the legal suitability principle of administration and the constitutional equality principle, even if he did not open a deliberation council for defining the beginning salary grade.

A newly appointed as an elementary school teacher upon obtaining a bachelor’s degree of literature information under the Act on Recognition of Credits, Etc. (hereinafter “Recognition of Credits Act”), and completing a bachelor’s degree of education. In submitting an application for the aggregation of the career experience to define the beginning salary grade, A applied for conversion of 80% of the term of education of B University into a career experience, but the Superintendent of an Office of Education did not include and define it and notified A.

Article 10(1) of the Public Officials Remuneration Regulations provides that “The Council shall deliberate on matters necessary for the recognition of career experience, such as whether a person falls under career experience in the same field,” not “academic background,” but “the Council shall evaluate and deliberate “career experience,” which shall be reflected in the determination of the grade of the school, such as administrative agencies, public institutions, corporations, organizations, or private enterprises,” so even if the “the number of years of school graduation” as prescribed by the Public Officials Remuneration Regulations [Attachment 22] is not opened in the definition of the beginning salary grade, it shall not be deemed that there are any procedural errors in the law, and it shall be interpreted that the degree of study according to the graduation from universities and colleges or junior colleges under the Higher Education Act and the recognition of credits under the Recognition of Credits Act differs from the concept and character, and that two or more “schools” other than one school shall be interpreted as 80% of the number of years of school graduation from universities and colleges under the same Public Officials Remuneration Regulations [Attachment 22], which provides that “school graduation from schools” in accordance with the Higher Education Regulations.

Article 11(1) of the Constitution, Articles 1, 7(1) and (2), 8(1) and 9(1) of the Act on Recognition of Credits, Etc., Article 2 subparag. 1 and 4 of the Higher Education Act, Articles 35 and 50 of the Higher Education Act, Articles 8(1) and (2), 10, and 12 of the Public Officials Remuneration Regulations [Attachment 22]

Plaintiff

Ulsan Metropolitan City Superintendent of Education (Law Firm Ulin, Attorneys Lee Young-young, Counsel for the plaintiff-appellant)

May 16, 2019

1. The plaintiff's claim is dismissed.

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

On March 1, 2018, the Defendant’s disposition of non-recognition of 80% career to the Plaintiff’s multiple degrees is revoked.

1. Details of the disposition;

A. From June 2005 to June 201, the Plaintiff completed the course of study assessed and approved by ○ University, △△△△ University, etc. under the Act on Recognition of Credits (hereinafter “Recognition of Credits Act”), and received a bachelor’s degree of literature information (degree registration number 1 omitted) on August 31, 201.

B. From September 1, 201 to February 14, 2014, the Plaintiff completed a master’s degree course with a private education major at the education graduate school of Cheongwon University. On February 14, 2014, the Plaintiff received a degree (registration number 2 omitted) from the education graduate school of Cheongwon University (registration number 2 omitted).

C. From March 1, 2015 to February 17, 2017, the Plaintiff was incorporated into the elementary school, etc., and completed the academic course by completing the academic course. On February 17, 2017, the Plaintiff received a bachelor’s degree (registration number 3 omitted) for the education of ○○ University.

라. 원고는 2018. 3. 1. 울산 ☆구 ▽▽동 소재 ◎◎초등학교에 교사로 신규 임용되었다.

E. On the other hand, on February 2, 2018, the Plaintiff submitted an application to the Defendant for adding up the career experience to define the beginning salary grade, and applied for conversion of 80% of the period of study into the said △△ University as career experience. However, on March 1, 2018, the Defendant did not include 80% of the Plaintiff’s term of study into the Plaintiff’s career, but rather defined the Plaintiff’s total number of career experience as six years and seven months, and notified the Plaintiff thereof (hereinafter “instant disposition”).

F. On March 11, 2018, the Plaintiff appealed and filed an appeal review with the Appeal Commission for Teachers, but the Appeal Commission for Teachers decided to dismiss the Plaintiff’s request on May 23, 2018.

[Reasons for Recognition] The facts without dispute, Gap evidence 1 through 10, Eul evidence 4 and 5 (including numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Summary of the plaintiff's assertion

[Attachment 22] Article 2(2) of the Public Officials Remuneration Regulations, which is the Presidential Decree, provides that “If a public educational official graduated from two or more schools at the same level, the number of academic years other than one school shall be applied.” Since the Plaintiff’s acquisition of a literature and information bachelor’s degree under the Act on Recognition of Credits and the acquisition of an educational bachelor’s degree at △△ University constitutes “where a person graduated from two or more schools at the same level,” the number of academic years applied by the Plaintiff should be counted as 80% of the total number of academic years when defining the beginning salary grade.” Nevertheless, the Defendant, based on the Ministry of Education’s established rules, etc., which are the administrative rules, did not recognize that a bachelor’s degree under the Act on Recognition of Credits has been graduated from the university, and the Defendant’s disposition of this case’s acquisition of a certain degree of academic years in violation of the Act on Recognition of Credits, such as the Act on Recognition of Credits, should be based on the procedural content of the Act on Recognition of Credits, etc.

B. Relevant statutes

The entries in the attached statutes are as follows.

C. Determination

1) Whether procedural illegality exists

Article 10 (1) of the Public Officials Remuneration Regulations provides that “The person with authority to define the same salary grade under Article 7 shall, even if the former has experience in defining the salary grade pursuant to Articles 8 (2), 8-2 (2), 9 (1) 1, 1-2, and 3, may inquire administrative agencies, public institutions, corporations, organizations, private enterprises, etc. related to the relevant career experience into matters necessary for recognizing the career experience of the relevant public officials, and shall organize their own deliberation council before defining the salary grade.” Article 10 (2) of the Public Officials Remuneration Regulations provides that “The Minister of Personnel Management shall determine the detailed matters concerning the formation and operation of the career experience deliberation council under paragraph (1) of the same Article, such as the calculation of the career experience of the public officials [this Article 67] established upon such delegation, and the Minister of Personnel Management shall interpret “the person with authority to define the career experience of the relevant public institution” as “the person with authority to define the salary grade 1” and “the person with authority to define the career experience of the relevant public institution.”

2) Whether the principles of legality of administration are violated

The purpose of the Act on Recognition of Credits is to realize the ideology of lifelong education and contribute to the self-realization of individuals and the development of the State and society by granting persons, etc. who have completed a course of study evaluated and recognized through recognition of credits (Article 1). In addition, school education, etc., by allowing those who have completed a course of study evaluated and recognized objectively in social education, etc. to obtain recognition of credits when they complete a course of study evaluated and recognized in a social education institution, etc., and by allowing those who have completed a course of study to link it with academic recognition and degree if they meet certain standards, in particular, with the aim of establishing an institutional system to realize society in which they can receive education through lifelong, anywhere, at any time and at any time. Accordingly, the Minister of Education recognizes credits equivalent to those of those who have completed a course of study evaluated and recognized pursuant to Article 3(1) of the Act (Article 7(1)), and those who have obtained recognition of credits equivalent to or more than a certain level pursuant to Article 7(2) of the Higher Education Act (Article 7(2) of the Higher Education Act).

Meanwhile, the Public Officials Remuneration Regulations provides for matters concerning the remuneration of public officials in accordance with the State Public Officials Act, etc., according to the Presidential Decree, the beginning salary grade shall be defined when public officials are newly appointed (Article 8(1)), and the beginning salary grade of public officials shall be defined in accordance with the attached Table 15 [Attachment Table 15] (Article 8(2)]. According to the Public Officials Remuneration Regulations [Attachment Table 15], in cases of public officials subject to the beginning salary grade table of public officials of elementary school teachers, the beginning salary grade shall be defined through the addition of the school age reduction and the beginning salary grade based on the career experience experience converted according to the Public Officials' Career Conversion Rate for Public Officials, etc. [Attachment 22], which serves as the basis for defining the beginning salary grade of public officials, etc. In accordance with the remarks of the "career Conversion Rate for Public Officials, etc." (Article 8(1)22), the detailed interpretation and application rate of the career experience rate other than one school shall be based on consultation with the Minister of Personnel Management (Article 4(2).).

The key issue in this part is whether the Defendant should interpret and apply the same as the graduation of the university under the Higher Education Act in light of the legislative purpose and purport of the above-mentioned Act on Recognition of Credits. In light of the following reasons, the acquisition of bachelor’s degrees under the Act on Recognition of Credits cannot be interpreted as the same as the graduation of the university under the Higher Education Act. The Defendant’s disposition in this case cannot be said to violate the principle of legality of administration. Thus, the Plaintiff’s assertion on this part is without merit.

① The prior meaning of “recognition” is “Abruptly,” and the Act on Recognition of Credits was designed in accordance with a logical system to the effect that “A person who has received certain credits is deemed to have an educational background equal to or higher than that of a graduate from a university, college, or junior college, on the premise that a person who has received a degree through the graduation from a university, college, or junior college and the recognition of a degree through the recognition of credits.”

② Under the Higher Education Act, “universities” and “universities” are “schools” as prescribed by the Higher Education Act, and have certain organizations according to the requirements as prescribed by the Higher Education Act (Articles 2 and 19 of the Higher Education Act), and the curriculum established by the school regulations is operated (Article 21 of the same Act), and the term of school years is prescribed by the Act (Articles 31 and 48 of the same Act). The prescribed number of students of universities and junior colleges is determined in advance as prescribed by the Act (Article 32 of the same Act), students are “admission” through regular admission screening (Articles 33 through 34-5 of the same Act), such as college ability examination (Articles 33 through 34-5 of the same Act), and students are “admission” after obtaining a bachelor’s degree after receiving a bachelor’s degree (Articles 35 and 50 of the same Act). The Higher Education Act and junior colleges under the Higher Education Act have the concept of admission and graduation, and the term of school years is determined based on recognition of credits and degree in view of their nature.

③ As can be seen, the concept and nature of the degree through the graduation and recognition of credits of universities and junior colleges is different. However, it is justified to deem that the concept and nature of the degree are equal to that of the above two degrees according to the legislative purpose of the Act on Recognition of Credits. However, the interpretation and application of laws and regulations that treat both as essentially the same does not require.

④ Article 2(2) of the Rules on the Remuneration of Public Officials (Attachment 22) provides that “The term “school” refers to the graduation from a school under the Elementary, Secondary and Secondary Education Act and the Higher Education Act.” This interpretation is construed as not including the degree of academic degree under the Act on Recognition of Credits. The detailed matters concerning the interpretation and application of the career conversion rate of public educational officials, etc. are determined by the Minister of Education after consultation with the Minister of Personnel Management. Accordingly, the detailed matters concerning the interpretation and application of the career conversion rate of public educational officials, which are the rules for statutory interpretation (administrative rules), [Attachment 3] [Attachment 3] of the Regulations on the Application of the Career Conversion Rate of Public Educational Officials, etc. to the Career Change Rate of Public Educational Officials (Rules 21 of the Regulations on the Education Regulations) [Attachment 3], the term “school” in this context refers to the same level of “school career conversion rate of public educational officials, etc., and the term “school career recognition” in the Elementary and Secondary Education Act, which reflects the above academic recognition rate of schools.”

⑤ In defining the beginning salary grade under the Public Officials Remuneration Regulations, reasonable grounds exist to treat different degrees from college graduations under the Act on Recognition of Credits. In other words, the definition of the beginning salary grade under the Public Officials Remuneration Regulations is to reflect the career experience of public officials in the salary class in a rational and fair manner, and it is necessary to consider not only the recognized academic background but also the actual number of years of study required for acquiring the relevant academic background. In light of the fact that the acquisition of a degree under the Act on Recognition of Credits is various methods and types of recognition of credits, such as the completion of a course of study, education at schools or lifelong educational facilities, time-based registration, qualification acquisition, and examination, and it is not easy to determine the actual number of academic years, it is difficult to regard the method of obtaining a degree under the Act on Recognition of Credits as the same as the “school graduation” in defining the beginning salary grade.

(6) Although the Act on Recognition of Credits imposes duties on the State and local governments to support learning of those who intend to obtain credits, such duties are insufficient to serve as the basis for interpreting and applying that the acquisition of bachelor’s degrees under the Act on Recognition of Credits under the Public Officials Remuneration Regulations is the same as the graduation of universities.

3) Whether the constitutional principles of equality are violated

The principle of equality, in essence, prohibits a person from arbitrarily treating others in essence different from the same in the application of legislation and law, and it does not go against the principle of equality to treat the same differently or to equally treat the same differently or different from the same in accordance with a reasonable ground (see, e.g., Supreme Court Order 2014KaMa185, Mar. 27, 2014). As seen earlier, since the acquisition of bachelor’s degree under the Act on Recognition of Credits and the graduation from university under the current law are essentially different in nature, it is separate from the dispute over the unconstitutionality of the Higher Education Act and the relevant legal provisions under the Act on Recognition of Credits, which are designed to treat the Plaintiff differently as seen above, it is difficult to readily conclude the instant disposition that the Defendant determined that the acquisition of bachelor’s degree under the Act on Recognition of Credits cannot be interpreted as the same as the graduation of university under the Higher Education Act, taking into account the language, purpose, and system of the aforementioned legal provisions.

Meanwhile, comprehensively taking account of the description of evidence No. 7 and the purport of oral argument, the National Human Rights Commission of Korea (the Minister of Education, on January 18, 2018) recommended that “the act of excluding the academic career of credit banks in calculating multiple degrees constitutes discriminatory acts on the grounds of academic background.” However, it is difficult to deem that it is appropriate to revise the regulations on the application, etc. of career conversion rates to public educational officials under the current Higher Education Act and the Act on Recognition of Credits (No. 21 of the Regulations on Education) to the above recommendations to ensure that the National Human Rights Commission’s establishment of law based on Article 41(1)2 of the Constitutional Court en banc Decision 106, supra, provides for the legislative authority to determine whether the pertinent case is unconstitutional or not, taking into account the legislative authority’s broad discretion and the legislative authority’s broad discretion to ensure that education should not be excluded from the career of academic attainment based on academic background.” Furthermore, the Constitutional Court’s determination that the legislative authority’s selection of the legislative authority is not subject to equality doctrine.

Therefore, the plaintiff's assertion on this part is without merit.

D. Sub-committee

Therefore, the defendant's disposition of this case is legitimate, and all of the plaintiff's arguments disputing the illegality are without merit.

3. Conclusion

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

[Attachment] Relevant Statutes: omitted

Judges Gangnam-don (Presiding Judge) Lee Jae-soo (Presiding Judge)