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(영문) 부산지방법원 2019.05.09 2018구합22914
처분요구 무효확인
Text

1. Of the primary claims of the instant suit, the part of the claim seeking nullification of the reprimand and the ancillary claims are all satisfied.

Reasons

1. Details of the disposition;

A. On July 1, 2003, the Plaintiff was employed as Grade 10 staff in technical service at B High Schools (Seoul High Schools: D High Schools; hereinafter “instant schools”) operated by the school foundation C, and is in office as an employee of the instant school until now.

B. The Ministry of Education, from July 10, 2017 to July 21, 2017, conducted a comprehensive audit on the Defendant, and the Minister of Education notified the Defendant of the request for disposition on the matters pointed out in the audit results on February 7, 2018.

According to Article 70-2 (1) of the Private School Act, such as the determination of a salary grade for private school staff member who takes measures pointed out, a school juristic person shall have a secretariat necessary to deal with its affairs and the affairs of the school established and operated by it. The fixed number, appointment, dismissal, service, and guarantee of the position of the office staff of the school juristic person shall be determined by the articles of incorporation of the school juristic person. According to the career conversion rate of public officials in general service, etc. in accordance with Article 81 of the Articles of the school juristic person C and the attached Table 16 of the Regulations on the Personnel Management of the school juristic person, which shall apply mutatis mutandis pursuant to Article 14 of the Regulations, the qualification certificate under the National Technical Qualifications Act or the individual qualification certificate or doctorate recognized by the Civil Service Commission, and the qualification certificate or doctorate is recognized only when a private juristic person, a juristic person, a private enterprise, etc. appoints as a public official in the same field of work experience as a regular employee in the same field. However, the office of education of Busan Metropolitan City shall deliberate on matters necessary for the determination of salary class 7.

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