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(영문) 서울고등법원 2020.11.05 2020누33468
교원소청심사위원회결정취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff, including the part arising from the supplementary participation.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as the reasoning of the judgment of the court of first instance, except for the part added as provided in paragraph (2). Thus, it shall be quoted by Article 8(2) of the Administrative Litigation Act and the main sentence

(2) The court of first instance and the court of first instance that rejected the Plaintiff’s assertion, even if the evidence submitted in the first instance and this court were examined, did not significantly differ from the Plaintiff’s assertion in the first instance court while filing an appeal. The court of first instance and the court of first instance that rejected the Plaintiff’s assertion is justifiable).

A. Although the Plaintiff’s assertion intervenor sent a notice of attendance of the teachers’ disciplinary committee to the Plaintiff by e-mail and did not appear at least twice in writing, the removal disposition in this case was taken in the absence of the Plaintiff’s attendance at the teachers’ disciplinary committee. As such, the removal disposition in this case is procedural defect violating Article 65 of the Private School Act.

B. Article 65(1) of the Private School Act provides, “The teachers’ disciplinary committee shall investigate the truth in a disciplinary case, and hear statements of the person himself/herself before the disciplinary decision is made: Provided, That this shall not apply where summons is not complied with at least twice in writing.”

The purport of the above provision is to guarantee the opportunity for teachers subject to disciplinary action to attend the disciplinary committee and make statements beneficial to themselves in order to defend themselves for the suspected facts of disciplinary action in the disciplinary proceedings against private school teachers. However, if teachers subject to disciplinary action fail to comply with summons on two or more occasions, the right to make statements shall be deemed to have been waived and the disciplinary action may be conducted without holding a statement.

Therefore, in order to guarantee the above right to make statements to the teachers subject to disciplinary action, the disciplinary committee shall be present by means of summons in writing.

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