All appeals are dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the ground of appeal on the interpretation of the abolition of the department

A. 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 against his will, unless he is subject to a disciplinary action sentenced to punishment or the grounds prescribed by this Act: Provided, That this shall not apply to cases where he is in office or in excess of personnel due to the abolition or abolition of class and department

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

B. On the grounds indicated in its reasoning, the lower court, based on the premise of ex officio dismissal of a teacher, closed (closed) the departments prescribed in the proviso of Article 56(1) of the Private School Act and the proviso of Article 86(1) of the Defendant’s Articles of Incorporation, as well as the fixed number of departments (0) through legitimate procedures for amendment of school regulations.