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(영문) 서울고등법원 2016.01.15 2015누46859
승진임용거부 각하결정 취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff, including the costs of supplementary participation.

Reasons

1. The reasoning of the judgment of the court of first instance is the same as the reasoning of the judgment of the court of first instance, except for the dismissal or addition of the following contents among the grounds of the judgment of the court of first instance. Therefore, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420

(1) On face 4, the following shall be added to the second part:

“2. The Defendant asserts that the instant lawsuit is unlawful, since it is erroneous for the Defendant to seek the revocation of the withdrawal from the promotion of the instant case by the Defendant, who is a national or public school teacher, since the unfavorable disposition against the national or public school teacher constitutes an administrative disposition in itself, unlike the case of the private school teacher.

According to Article 19 of the Administrative Litigation Act, in a case where an adjudication on an administrative appeal is made on the ground that the adjudication itself has an inherent illegality, an appeal litigation may be filed to seek its revocation, and "the adjudication itself" refers to the case where the adjudication itself contains an error of law in the subject, procedure, form, or content. However, even though a request for administrative appeal is not illegal, the adjudication dismissed is deprived of the right of a claimant to undergo an examination on the substance of the original disposition, and it constitutes a case where the adjudication dismissed is an inherent defect that is not in

(See Supreme Court Decision 9Du2970 delivered on July 27, 2001, etc.), on the instant case, the Plaintiff filed a request for review of the appeal seeking the cancellation of the withdrawal of the instant promotion against the Defendant under the premise that the Defendant had the right to file an application under the laws and regulations and the reasoning applying for the promotion of associate professors to the Defendant joining the Defendant. The Defendant’s exclusion of the instant promotion does not constitute “unfair disposition against the teacher’s will” under Article 9(1) of the Act on the Status of Teachers, and thus does not constitute the Defendant’s examination.

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