Where removal from office is made on the same ground and a salary reduction is made again, and the principle of res judicata

Although removal from position is a disadvantageous disposition against a public official, it cannot be considered a disposition of the same nature as a disciplinary measure, so it cannot be said that it violates the principle of res judicata by taking a disposition of dismissal from position for the same reason and again reducing the salary.

Article 51(1) of the Public Educational Officials Act, Articles 78(1) and 73-2 of the State Public Officials Act, Article 12 of the Constitution

Plaintiff

The Superintendent of the Office of Education of Seoul Metropolitan Government Office of Education

Seoul High Court Decision 82Gu633 delivered on March 16, 1983

The appeal is dismissed.

The costs of appeal shall be borne by the plaintiff.

The plaintiff's grounds of appeal are examined.

According to the reasoning of the judgment below, the court below acknowledged that the plaintiff, who was a public educational official of the Seoul Pung National School, was 19 times from March 1981 to October 19 of the same year, as a teacher of the Seoul Pung National School due to macro-Evidence, and was 10 times without permission from the above principal of the school from December of the same year, and did not attend the school year without permission from around November of the same year despite the above principal's attendance order, and there was no time more than 16:40 remaining correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction

Therefore, the appeal is dismissed, and the costs of the appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Young-ju (Presiding Justice)