2017Du42491 Revocation of revocation of appointment

1. A;

2. B

The Minister of Education

Daejeon High Court Decision 2016Nu12781 Decided April 6, 2017

October 12, 2017

All appeals are dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

1. In light of the purport of the entire pleadings and the outcome of the examination of evidence, the court shall render a judgment of fact free of charge in accordance with logical and empirical rules, taking into account the social justice and the principle of equity, so long as it does not exceed the bounds of the principle of free evaluation of evidence, the value of evidence and the fact-finding shall belong to the discretion of the fact-finding court, and the fact-finding that the fact-finding court has legally established shall bind the court of final appeal (Article 8(2) of

2. citing the reasoning of the judgment of the court of first instance, the lower court was unlawful in its procedural process by citing the reasoning of the judgment that the instant disposition, which appointed the Plaintiffs as specially recruited, did not undergo an open screening process through a competitive examination.

(2) The disposition of this case cannot be seen as being unfair due to the lack of reasonable grounds.

3. The part of the ground of appeal disputing the determination of the court below is nothing more than an error of the selection of evidence and the determination of the value of evidence belonging to the free trial of the court of fact-finding, and it cannot be accepted. Furthermore, even if examining the reasoning of the judgment of the court of first instance cited by the court below in light of the special circumstances indicated in the records, including the provisions of relevant Acts and subordinate statutes, contents, and the evidence duly admitted, the court below did not err by misapprehending the legal principles regarding the interpretation and determination of the above provisions related to the procedural illegality of special employment, or by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, contrary to what is alleged in the ground of appeal.

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

Justices Park Sang-ok

Justices Kim In-bok, Counsel for the defendant

Justices Kim Jae-han

Justices Park Il-san