(영문) 전주지방법원 2016.6.9.선고 2015구합1448 판결

The Defendant’s revocation of the disposition on April 13, 2015 against the Plaintiff on the return of the report on appointment of the principal of the E High School to the Plaintiff.

of this section.

Reasons

1. Details of the disposition;

A. The Plaintiff establishes E Middle Schools, E Female Middle Schools, EP Schools, E High Schools, and Female High Schools, located in the following cities:

It is an educational foundation that is established and operated.

B. The Plaintiff appointed D on March 1, 2007 as the principal of the Female High School, and the five-year term of office ends.

B. On March 1, 2012, D re-appointed as the principal of Ehigh School.

C. The Plaintiff’s voluntary retirement defect on February 28, 2015, after completing his/her three-year term of office as the principal of the E High School;

1. March 1, 2015 to appoint D as the principal of Ehigh School through the method of selecting the principal of E-high school.

On March 2, 2015, the Defendant reported the appointment of the principal in accordance with Article 54(1) of the Private School Act.

D. On April 15, 2015, the Defendant: (a) on April 15, 2015, the principal of the Ehigh School in D for the following reasons:

A disposition of ordering and return was made (hereinafter referred to as the "disposition in this case").

1. Related to: Article 53 (Appointment and Dismissal of Heads of Schools) 2. "The term of office of the head of elementary and secondary schools shall not exceed four years, and he may be reappointed only once, pursuant to the provisions of the Private School Act, even though the maximum term of office of the head of a school is eight years, an educational foundation E-private teaching institute appointed a honorary principal after completing a eight-year term of office in violation of the provisions on the restriction on aggravation of employment.

[Ground for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 4, 5, and Eul evidence No. 1 (with a number)

Each entry, including lot number, hereinafter the same shall apply), the purport of the whole pleading;

2. Summary of the plaintiff's assertion

The proviso to Article 53 (3) of the Private School Act provides that "the head of an elementary or secondary school" shall be the head of an elementary or secondary school.

It is merely expressed in one form instead of daily heating all kinds of schools, and all kinds of schools.

There is no basis to consider both the elementary and secondary schools, and in general, reappointment or middle.

shall be appointed again on the job in which he is in office. The Private School Act has been amended.

The term of office and the number of times has been restricted, which is a provision that limits the rights of the people.

It shall be interpreted by the Constitutional Court, and the Constitutional Court shall also take office at other schools operated by the same school foundation.

section 29-2(3) of the Public Educational Officials Act is not limited.

An open principal system that is not included in the number of middle-standing private high schools is established, and autonomous private high schools are established.

In the case of a public recruitment system, it shall be interpreted by applying mutatis mutandis the Public Educational Officials Act.

The proviso to Article 53 (3) of the School Act shall be reappointed only once for each school principal of the relevant school.

of this chapter. Since it is reasonable to interpret the meaning as the meaning, it is reasonable to interpret the meaning as the meaning, it is an objection made on a different premise.

No disposition is unlawful.

3. Whether the instant disposition is lawful

A. Relevant statutes

(1) The history of amendment of Article 29-2 of the Public Educational Officials Act

○ amended by Act No. 4347 of March 8, 1991, and amended by Act No. 5065 of December 29, 1995

prior to the filing of the

Article 29-2 (Appointment of Principal) (2) The term of office shall be four years, but may be reappointed only once.

○ Pre-amended by Act No. 11066 of September 30, 2011

A person shall be appointed.

○ Pre-amended by Act No. 11381, Mar. 21, 2012

Article 29-2 (Appointment of Principals) (2) The term of office of the principal shall be four years. (3) The principal may serve only once: Provided, That the number of times the principal holds office under Article 29-3 shall not be included therein.

○ amended by Act No. 11381, Mar. 21, 2012

Article 29-2 (Appointment of Principals, etc.) (2) The term of office of the principal and the principal shall be four years.Third, the principal may be reappointed only once: Provided, That the number of times he/she holds office as the principal and the principal pursuant to Article 29-3 shall not be included.

(2) The history of the amendment of Article 53 of the Private School Act

○ Prior to the amendment by Act No. 7802 of December 29, 2005

Article 53 (Appointment and Dismissal of Head of School) (2) Unless otherwise provided for in other Acts, school juristic persons and managers of private schools who are juristic persons may be prescribed by the articles of association, and managers of private schools who are private persons, by the rules.

○ amended by Act No. 7802 on December 29, 2005, and amended by Act No. 8545 on July 27, 2007

for the purposes of this section.

A person shall be appointed.

○ amended by Act No. 8545 of July 27, 2007

Article 53 (Appointment and Dismissal of Head of School) (3) The term of office of the head of each school at each level shall be determined by the articles of association for school juristic persons and private school managers who are private persons, and may not exceed four years for private schools, but may be reappointed for more than four years: Provided, That the head of each elementary or secondary school may be reappointed for only one occasion.

(3) Other relevant laws and regulations are listed in the annexed sheet.

(b) Recognized facts, etc.

(1) The purpose of amendment to the Private School Act

(A) Article 53(3) of the Private School Act provides that the term of office of the head of a school at each level shall be four years beginning on December 29, 2005.

The Board of Education of the National Assembly has been amended to the extent that the Board of Education of the National Assembly has been amended to the extent that the Board of Education of the Republic of Korea has been amended to the extent that the Board

The review report prepared by the chief specialist of the Council on January 12, 2004 shall contain the following contents:

(2).

The purpose of the east Amendment is to prescribe the term of office of the head of the national or public university in the Public Educational Officials Act for four years, and the term of office of the head of the national or public elementary school or secondary school for four years, but to comply with the principle of equity that the term of office of the principal may be renewed only once, taking into account the fact that the purpose of the amendment is to prevent some of the partnership with the foundation due to the long-term guarantee of the term of office due to the restriction on the term of office of the principal of the private elementary school or secondary school, and that the principal's responsibility can be managed for the guaranteed term of office.

(B) Article 53(3) of the Private School Act is amended on July 27, 2007 by the end part at the end of the amendment.

However, the head of the elementary and secondary school may be reappointed only once. "The proviso was added."

According to this, in the case of private school principals of elementary and secondary schools, there is no difference from the previous one, while in the case of private school principals.

The president and the president of the National Assembly made it possible to be more severe without limitation to the number of times.

The review report prepared by the expert member of the Land Committee on January 12, 2006 shall contain the following information:

(2).

In relation to the limitation on the term of office of the head of the relevant private school, the current Do current law shall not exceed four years, and the term of office of the head of the relevant private school shall be limited to up to eight years by being allowed to be reappointed only once. In relation to the limitation on the term of office of the head of the relevant private school, it is problematic that the current Do current law does not fit the actual operational situation to restrict his/her short term of office because there are many cases where a private school manager, among small private kindergartens, concurrently serves as the head of the relevant kindergarten. In addition, the head of the relevant private university has pointed out that there is a problem in equality compared to the national and public universities, where there is no restriction on the term of office of the head of the relevant private school under the Public Educational Officials Act, while accepting the request for practical improvement of the current law, in the case of the private elementary and secondary schools, the purport of the amendment is to maintain it within the maximum limit of eight years including the term of office of the head of the national and public elementary school and secondary school under the Public Educational Officials Act.

(2) Questions to the Ministry of Government Legislation

The Minister of Government Legislation, May 28, 2013, with respect to inquiries by the Busan Metropolitan City Office of Education, within the following limits:

The answer was made for use.

▶ 사립학교법 제53조 제3항 단서의 ' 초 · 중등학교의 장 ' 에는 같은 법인 소속 중학교와 고등학교가 모두 포함되는 취지로 보임► 2007 . 7 . 27 . 사립학교법 개정 취지를 고려할 때 사립 중등학교장의 중임 제한도 국공립중등학교장과의 형평성을 고려한 것으로 보임

(3) Interpretation by the Ministry of Education

(A) The Ministry of Education prepared on January 1, 2013 and December 12, 2013 by the Ministry of Education to answer civil petition questions in 2012 and 2013.

The term "gymnasium" contains the following contents with respect to the middle-standing of the principal:

The provisions of Article 53 (3) of the Private School Act shall also apply to the public invitation principal of private autonomous schools. Article 105-2 (1) of the Enforcement Decree of the Elementary and Secondary Education Act shall apply mutatis mutandis to the public invitation principal of private autonomous schools, and Article 12-5 (1) of the Decree on the Appointment of Educational Officials shall apply mutatis mutandis to the matters concerning the qualification, etc. of the public invitation principal of private autonomous schools. Article 29-2 (3) of the Public Educational Officials Act (limited to only one principal, but not including the number of principal employees in accordance with Article 29-3) shall not apply to the public invitation principal of national and public schools. Thus, Article 53 (3) of the Enforcement Decree of the Private School Act shall not apply to the principal of private school, and Article 53 (3) of the Private School Act shall apply to the term of office of the principal of elementary and secondary school (including the principal of public invitation) of private school.

(B) On February 25, 2014, the Minister of Education:

AB sent the notice.

[The conclusion and summary of the Ministry of Government Legislation] When a person who has been appointed as the principal of a middle school of a school juristic person and completed a four-year term of office is appointed as the principal of a high school of the same school juristic person, the proviso of Article 53(3) of the Private School Act- The proviso of Article 53(3) of the Private School Act shall apply to the middle school and high school in calculating the number of middle school and the number of middle school, which shall be considered together with the middle school and high school. In addition to attached Table 1 of the Elementary and Secondary Education Act, which provides the qualification as the principal of a school, the standards for each elementary school, secondary school, etc.- The provision permits the principal of a national or public elementary school and secondary school under the Public Educational Officials Act to be more than once during the term of office in accordance with the purpose of such amendment. This provision shall be interpreted in a manner consistent with the Ministry of Government Legislation (the position of the Ministry of Education) to apply the interpretation of statutes to the principal of a private school

[Ground of Recognition] No. 3 and No. 3 and No. 4 are written in the court without dispute or with significant facts in this court;

The purport of all pleadings

(1) The law, in principle, has the same binding power against many and unspecified persons.

Since it is a norm subject, it is objective validity by clarifying the standard meaning of the law.

and, as much as possible, maintain the consistency acceptable to all persons; and

The positive law is a universal and typical matter. On the other hand, the positive law is a typical matter.

Since it is stipulated in mind in light of social reality, the law is appropriate in various cases.

It is also necessary to interpret that it can be the most reasonable solution to a specific case.

In sum, the purpose of statutory interpretation is to prevent any crime that does not undermine legal stability.

to find the concrete feasibility within this section. To do so, as far as possible.

In principle, the law shall be interpreted faithfully with the ordinary meaning of the language used in the law.

The legislative intent and purpose of the rate, its legislative history and amendment history, harmony with the entire legal order, and relationship with other Acts and subordinate statutes.

by further mobilization of a systematic and logical interpretation method that takes into account the foregoing statutory interpretation

reasonable interpretation that can meet the request of the court (Supreme Court Decision 2006Da 2006 Decided April 23, 2009).

81035, Supreme Court en banc Decision 201Da83431 Decided January 17, 2013, etc.

(2) Based on such principles of interpretation of statutes, the relevant provisions of the Private School Act and the Public Educational Officials Act shall be applied.

of the regulations and amendments history, the legislative intent and progress of implementation of the system, and the entire laws and regulations related to education;

Comprehensively taking into account the harmony, the consideration of this case in accordance with the specific basis for determination as follows:

Pursuant to the foregoing, either(a) or(b) or(c) or(a) or(b) or(c) or(c) or(d)

a person who has completed the eight-year term of office as principal of a high school in the same school foundation shall be the principal of the same school foundation.

In case of a Si appointment, it is deemed that it violates the restriction on aggravation prescribed in the proviso of Article 53 (3) of the Private School Act.

reasonable. Accordingly, the instant disposition is lawful, and the Plaintiff’s assertion on a different premise is accepted.

subsection (1) of this section.

(A) The term limit of office of the principal of the national or public secondary school shall be considered to be a system of restriction on the term of office of the principal of the national or public secondary school. March 8, 1991

Legislation to promote the active participation of teachers in education and the qualitative improvement of education through the amendment of the original law.

For the purpose, the term of office of the principal shall be four years, and the term of office of the principal permitted to be reappointed only once shall be the Do.

Pursuant to this, a middle school (or a high school) whose term of office has been completed in a national or public secondary school.

A middle school (or high school) the head of which has been transferred to another middle school (or high school) or whose term of office has been completed;

(or high school) New appointment, even if a principal is transferred to a high school (or a middle school) principal;

In addition, the term of office of the principal is deemed to fall under the primary middle-standing, while the term of office of the principal is operated. 1) on the other hand.

(1) If the principal of a middle school (or high school) which has completed the class is appointed as the principal of an elementary school, or

Any objection shall not constitute a heavy penalty.

(B) whether the operation of the system, such as the preceding paragraph, is contrary to the prior meaning of 'serious'; or

However, the meaning of "middle school" as provided in education-related laws and regulations.

Considering the details of the operation and the relevant legal system, the appointment of a principal of a national or public secondary school;

It is understood that the method of restriction is legitimate. The Framework Act on Education, Article 9, Paragraph 1, Article 9, provides school education.

In classifying, schools shall be established to conduct early childhood education, elementary education, secondary education, and higher education.

this provision provides that middle schools and high schools shall provide secondary education units for the purpose of providing secondary education.

on an equal basis pursuant to Article 9 of the Framework Act on Education, to provide for matters concerning elementary and secondary education.

Under the Elementary and Secondary Education Act, the standards for qualifications of principals and assistant principals of each of the schools and high schools shall be classified by school.

The same provision does not apply to teachers (the same applies to teachers). 2

(C) The Private School Act has already introduced a school principal term system through the amendment of the law on December 29, 2005.

Article 53(3) as legislative intent to maintain equity with national and public schools that have been enforced.

The term of office of the head of a private school shall not exceed four years, but he/she shall be allowed to be reappointed only once.

institution introduced the system (amended on July 27, 2007, as seen earlier)

B. This is intended to alleviate the term of office for the heads of private kindergartens and universities.

In the case of the principal of a school, there is no essentially changed part in the principal of a school. Private schools concerning private elementary and secondary schools

Examining the detailed text and contents of Article 53(3) of the Act, Article 29 of the Public Educational Officials Act

Section 2. In other words, in the case of national and public schools, it is deemed that it contains the same purport as that of Article 2.

The term of office of the principal of a secondary school shall be four years combining high schools, and he/she may be reappointed only once.

for a maximum period of eight years, the same shall apply to a person who may hold office as a secondary school principal by up to eight years.

for a private school, the appointment authority for a middle school and a high school based on the same school juristic person.

It is acceptable for the general public to operate the term system of the principal of the secondary school as a whole.

Not only falls under the interpretation of the law, but also accords with the legislative intent. 3)

(D) The legislators have prescribed Article 53(3) of the Private School Act, unlike the national and public secondary schools.

For the principal of a secondary school appointed to another secondary school operated by a working school foundation, he/she shall be reappointed.

No legislative measure was taken to deem that the restriction was not applied.

The term "head of a school at all levels" described in the first head shall be expressed in a manner that sets forth the principle scope to which the term system applies.

Based on this, the legislative intent asserted by the Plaintiff cannot be inferred. The legislators can not see the intent.

For a new elementary or secondary school, the person who has served differently from the form of the principal term of a national or public elementary or secondary school.

If the position to regard the case of being reappointed to a school was a key position, it would be easy to view it as a legislative technology.

The expression, for example, ‘middle school' itself, did not take such measures despite the completion of such measures.

any person may be reappointed to a school that has not used or has held only once. "the same person" or "the same person"

No appointment to any other school operated by a school foundation shall fall under intermediate appointment.

the term of this section was used.

E) The Plaintiff’s respect for autonomy in the operation of a private school and in the case of a private secondary school

Unlike public secondary schools, the principal of a secondary school whose term of office expires shall be operated by the same school foundation.

It is argued that it should be interpreted that the secondary school principal may be reappointed, but the private school principal shall not be appointed.

The issue of autonomy, etc. of school operation is whether the term of school principal should be introduced into a private school.

the first stage of discussion, which is sufficiently reviewed by the Plaintiff, based on this, as alleged by the Plaintiff.

The reduction of the scope of the discretion under Article 53 (3) of the Judicial School Act is beyond the limit of the interpretation theory.

the principal of a national or public school is not included in the number of middle-standing teachers.

Although it is argued to the effect that the system will receive more benefits than the private school, the above public offering will be made.

The head of the agency system shall appoint the principal according to the autonomous will of school members, and thereby appoint a public education holiday.

A separate system prepared to supplement the nature of a private school based on such a system

I cannot say that it should be interpreted in a different sense.

F) There are a lot of cases where the same school foundation operates multiple schools.

of the person who is appointed as the principal and the retirement age of the principal, as alleged by the plaintiff, shall be considered.

In interpreting Article 53(3) of the Private School Act, the meaning of introducing the principal term system to private schools.

For example, the same school foundation has a high school and high school.

In the case of the Decree, a maximum of 16-year school principal term may be secured, and four secondary schools such as the Plaintiff.

the term of office of the principal for up to 32 years in the case of operating the principal, and the same person is available.

If the principal holds office for a long time, it would prejudice transparency in the operation of the school with the care of the school juristic person.

There is a great room for it.

(G) The term of office of the principal is not only related to the structure and activation of promotion of the school-affiliated society.

It has a great impact on the quality of education and also constitutes a pending issue with respect to the interests of students and parents.

(c) the proportion of private secondary schools as well as the proportion of the total secondary schools, as the proportion of the private secondary schools.

There are many possibilities that students of Colonel may enter private secondary schools regardless of their own choice.

In other words, the State and local governments are required to provide education to private schools.

Legal service of a level similar to that of a national or public school teacher, and private school teacher also has been supported by others;

In light of the fact that conditions are enjoyed and that the status and social security are guaranteed under the law, etc.

Due to the employment system of the principal or teaching staff of private and secondary schools on an equal basis with that of national and public secondary schools.

It seems that there is a high need to do so.

4. Conclusion

Therefore, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

of this section.

Judges

Judges Lee Chang-chul

Judges Han Jin-hee

Judges Choi Jong-ho

Note tin

1) The operation of the system is stable for about 25 years.

2) According to the contents of the Guidelines for Handling Affairs of Implementation of the President-Term System of Principals (Enforcement on April 25, 2014, Directive No. 88 of the Ministry of Education, which was enforced on April 25, 201), it is not classified for each of the following schools and high schools

It can be known that the appointment is made by indicating "the principal of the secondary school". The President, who has the authority to appoint, shall be qualified under attached Table 1 of the Elementary and Secondary Education Act.

Pursuant to the classification, only the appointment of the principal of an elementary school and the principal of an secondary school is made.In the case of teachers, the middle school is not divided into middle school and high school.

In order to integrate the following middle schools and high schools, which have been appointed as a "middle school teacher" through the "competitive examination for the selection of candidates for appointment", and to take measures for transfer, promotion, etc.

(2).

3) According to the above review report, etc. on the amendment of the Private School Act, in the case of the principal of a private school, a maximum of eight years of school as in national and public schools.

The legislative intent of guaranteeing the term of office appears.