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(영문) 서울고등법원 2016.09.29 2016누49695
임용취소처분 취소
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of the court of first instance concerning the instant case is as follows: (a) the court’s explanation on the instant case is to change the “2004” of the second part of the judgment of the court of first instance to “204”; and (b) the reasoning of the judgment of the court of first instance is identical to that of the judgment of the court of first instance, except for adding a judgment on the Defendant’s assertion as set forth in paragraph (2) below; and (c) thereby

(The grounds alleged by the Defendant in the trial while filing an appeal are different depending on the contents as alleged in the first instance court. However, considering the evidence additionally submitted by the Defendant in the trial, it is not different from the fact-finding and judgment in the first instance court. 2. Additional judgment

A. The defendant's assertion 1) Article 12 (1) 2 of the Public Educational Officials Act, which is based on the special employment of the plaintiff who worked for a private school at a public school, was newly established on December 31, 197 by Act No. 3055, and there was no provision falling under Article 12 (1) 5 of the current Public Educational Officials Act at that time, and the above provision was the legislative purpose of allowing a retired public educational official to specially employ a retired public educational official due to the change or abolition of a new disease or organization. 2) The contents of Article 12 (1) 5 of the current Public Educational Officials Act, which came into force on January 4, 1982 (No. 3458), was newly established on the Public Educational Officials Act (No. 3458) which came into force on January 4, 1982, which provides the grounds for special employment of a teacher of a private school as a public educational official.

3 In full view of the legislative intent and amendment of the above special employment regulations of the Public Educational Officials Act, the special employment grounds of subparagraphs 1 through 4 of Article 12 (1) of the current Public Educational Officials Act, excluding Article 12 (1) 5, has naturally worked as public educational officials

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