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(영문) 수원지방법원 2016.02.16 2013구합6153
인사보류통보 처분 취소 등
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs, as teachers who are public educational officials, acquired a master’s degree in education (hereinafter “instant degree”). The Minister of Education demanded the revocation of the Plaintiffs’ degree to the International Cultural Graduate School on the ground that the Plaintiff granted the instant degree to the Plaintiffs through abnormal school affairs management such as granting credits even when the class hours have taken due to reduction classes, etc., and requested the Defendant to suspend the Defendant’s promotion, etc. premised on the Plaintiffs’ acquisition of the instant degree until the relevant measures are completed.

B. Accordingly, on June 7, 2013, the Defendant issued a notice to the Plaintiffs (hereinafter “instant notice”) that withholding personnel related to promotion (e.g., promotion, qualification training, and registration on the list of candidates for promotion).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1, 2 and 7, the purport of the whole pleadings

2. Judgment on the main defense of this case

(a) An appeal as an administrative remedy shall be permitted, except in special cases where an administrative agency has imposed an obligation on an applicant to take a certain administrative measure within a given period of time, but the administrative agency has failed to take an affirmative or passive measure against the applicant, and thus, the administrative agency's failure to take a certain measure is deemed to have taken a rejection disposition against the applicant's request, provided that the administrative agency's internal intent determined by the competent administrative agency is expressed externally or implicitly in an explicit or implied manner, and thus there is an administrative disposition seeking revocation.

Article 13 of the Public Educational Officials Act shall apply to the promotion of public educational officials from among the persons immediately next to the class in which they perform the same kind of duties.

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