1. The plaintiff's claim is dismissed.

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

Details of the disposition

On March 1, 1989, the Plaintiff was newly appointed as a teacher belonging to the Chungcheongnam-do Office of Education and served as a teacher, a scholarship (research), and an assistant principal until February 28, 2013.

On May 18, 2011, the Superintendent of the Provincial Office of Education of Chungcheongnam-Nam-nam issued a reprimand and a surcharge for disciplinary action against the Plaintiff on the ground of the misconduct that the Plaintiff received KRW 1,200,000 from a parent-related organization on three occasions in 2010.

(hereinafter “instant disciplinary action”). Meanwhile, the instant disciplinary action record was cancelled on May 18, 2014.

After being appointed as the principal on March 1, 2013, the Plaintiff served as the principal of B elementary school and C elementary school.

(Term of office from March 1, 2013 to February 28, 2017). On October 28, 2016, the Plaintiff filed an application with the Superintendent of the Provincial Office of Education for the renewal of the principal on March 1, 2017, and the Superintendent of the Provincial Office of Education recommended the Plaintiff to be the person subject to the recommendation for appointment as the principal in the middle of the principal on January 11, 2017, but the Defendant excluded the Plaintiff from the person subject to the recommendation for appointment as the principal in the middle of the principal on the ground that there was the above misconduct on January 25, 2017.

Accordingly, the plaintiff was not appointed as the principal, and was appointed as the senior teacher on March 1, 2017.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 through 5 (including branch numbers), and entry of the whole purport of pleading in the attached Form of the relevant Acts and subordinate statutes

The instant lawsuit is unlawful, since the Defendant’s judgment on the instant safety defense is difficult to view that the Plaintiff has the right to file an objection against the principal safety defense, there is no rejection disposition accordingly.

Judgment

If an administrative agency’s refusal to perform an act resulting from a citizen’s affirmative filing of an application constitutes an administrative disposition that is subject to an appeal litigation, such filing of application shall be an exercise of public authority or a similar administrative action, and such refusal shall cause a change in the applicant’s legal relationship, and the citizen shall be requested to refrain from such action.