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(영문) 대전고등법원 2017.01.26 2016누12750
보수감액보상등의 교원소청심사위원회 각하결정처분의 취소
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. The reasons why the court should explain this part of the decision are the same as that of the judgment of the court of first instance, and thus, this part of the decision is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Whether the decision of this case is legitimate

A. The gist of the Plaintiff’s assertion B does not make additional payment of private school pensions, and does not make compensation for the Plaintiff due to the reduction of remuneration, and does not take a wage security measure. This constitutes “Disciplinary action and other unfavorable measures against will” subject to examination of an appeal pursuant to the Special Act on the Improvement of Teachers’ Status and the Protection of Educational Activities (hereinafter “Act”), and the decision of this case by the Defendant’s rejection of the Plaintiff’s petition is unreasonable.

B. Determination 1) The former part of Article 9(1) of the Teachers’ Status Act provides that “When a teacher is dissatisfied with a disciplinary action or any other unfavorable measure against his/her will, he/she may file a petition with the Review Committee within 30 days from the date on which he/she becomes aware of such disposition.” In light of the fact that the above provision is stipulated in Articles 6, 7, 8, and 10 of the Teachers’ Status Act, and the purport of the enactment of the above provision, “other unfavorable measure against his/her will” as the subject of the appeal under Article 9 of the Teachers’ Status Act is limited to “other unfavorable measure against his/her will” as the subject of a review of the appeal under Article 9 of the said Act or any other unfavorable measure of a similar nature, i.e., temporary retirement, demotion, removal from office, etc., the Plaintiff’s claim for remuneration, additional payment reduction, and the purport of the entire arguments in light of the aforementioned relevant statutes, etc.

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