The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff, including the part arising from the supplementary participation.

The grounds of appeal are examined.

1. Article 56 (1) of the Private School Act provides that “No teacher of private school shall be subject to any unfavorable disposition, such as temporary retirement or dismissal from office, against his will, except by a disciplinary action imposed upon him or by any other reason as prescribed by this Act: Provided, That the same shall not apply where he is in office or in excess of personnel, due to the abolition or abolition

Article 56 (1) (proviso) of the Private School Act provides that “When a teacher is closed or has become in office due to the abolition or abolition of a class department” means a case where the position or prescribed number of teachers under his/her jurisdiction is lost due to the abolition of the establishment class or department or the reduction of organization through legitimate procedures for the revision of the school regulations.

(See Supreme Court Decision 2010Du5103 Decided June 24, 2010 (see, e.g., Supreme Court Decision 2010Du5103, Jun. 24, 2010). “Abolition of a department” in this context ought to be permitted to the extent that the right of learning is not substantially infringed upon, barring special circumstances, such as where reasonable measures were taken to protect the right of learning and the right of learning was not practically infringed upon, it is reasonable to deem that a private school foundation may abolish a department only when it takes appropriate measures, such as criminal records, against all registered students, including students and temporary students, whose school register was established in

2. After recognizing the facts as stated in its holding, the lower court is reasonable to interpret that the abolition (pulmonary closure) of the department as stipulated in the proviso of Article 56(1) of the Private School Act, etc., based on the premise of ex officio dismissal of teachers, means the time when not only the number of students but also the fixed number of the department becomes zero (0) through lawful procedures for amendment of school regulations, and there is no registered student. At the time of the instant dismissal as indicated in its holding, there was 24 registered students, etc. in the Cuniversity car and the Plaintiff.