1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. The costs of the lawsuit are assessed against the Plaintiffs.

1. Basic facts

A. The Plaintiffs were those who were, or were, serving as teachers of H High Schools which are public schools, and were engaged in both ordinary teachers’ duties from around 2012 to around 2017 as well as regular teachers’ duties at dormitories located in H High Schools.

B. During the period from September 1, 2012 to June 2017, the principal of H high school designated the Plaintiffs on duty to work in the dormitory of H high school as the present public official, and paid overtime work hours of 18 hours at the end of 10 hours a day. As above, during the process of designating the present public official as the present public official, he did not obtain the “approval of the head of the competent central administrative agency (Minister of Education)” under Article 12 of the Regulations on the Service of State Public Officials.

C. The Seoul Special Metropolitan Office of Education conducted an audit under the Public Audit Act (hereinafter “Public Audit Act”) against H high schools from June 7, 2017 to December 12 of the same month.

(2) The lower court determined that: (a) the Plaintiffs received overtime work allowances from the head of H High School on the ground that: (b) the lower court voluntarily designated the Plaintiffs as the present-time public officials; (c) paid overtime work allowances exceeding the statutory payment limit for ordinary public officials; and (d) the Plaintiffs’ overtime work details and field trip details overlap each other; and (d) the lower court determined that the Plaintiffs received overtime work allowances excessively from the head of H High School.

Accordingly, pursuant to Article 23(1) and (2) of the Public Audit Act on October 31, 2017 and Article 25(1)3 of the self-audit standards of central administrative agencies and local governments pursuant to delegation of Article 37 of the same Act or Article 5(1)3 of the former Seoul Metropolitan Office of Education Regulations (amended by Seoul Special Metropolitan City Education Directive No. 198, Oct. 19, 2018; hereinafter the same), the head of H high school shall be the head of H high school in accordance with statutes and guidelines when he/she manages overtime work and manages the duties of teachers and staff.