1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

The court's explanation of this case is identical to the reasons for the judgment of the court of first instance except for the part mentioned in Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

Article 11-3(2) of the former Public Educational Officials Act (amended by Act No. 11066, Sept. 30, 201; hereinafter “former Public Educational Officials Act”) provides that “The Plaintiff may apply for deliberation on the expiration of the term of appointment and the renewal of appointment at least four months prior to the expiration of the term of appointment.” The purport of the above provision is to ensure that the fixed-term teacher may manage his research performance, etc. in conformity with the standards for reappointment and make a decision on whether to apply for reexamination of reappointment in advance by notifying the Plaintiff of the expiration of the term of appointment with a sufficient period of time prior to the expiration of the term of appointment. However, the Defendant asserts that the instant disposition is null and void since the Defendant submitted an application for examination of reappointment to the Plaintiff for a fixed period of less than 1/6 months.”

However, Article 11-3 (3) of the former Public Educational Officials Act provides that "A teacher who has been notified of the provisions of paragraph (2) shall apply for deliberation on reappointment within 15 days from the date of receipt of such notification to the person with the authority to appoint reappointment." Article 11-3 (4) of the same Act provides that a teacher shall determine whether to appoint two months prior

Thus, it seems that the above 4-month notice duty is not a provision that is identical to the plaintiff's assertion.

It is difficult to view that the Plaintiff’s right related to the preparatory period was infringed unless the Defendant granted the period of 15 days or more to the Plaintiff, and otherwise, it is unclear whether the Plaintiff’s procedural right was infringed solely on the instant 4-month notification obligation.