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(영문) 서울고등법원 2018.01.10 2017누58702
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 this court, such as accepting the judgment of the court of first instance, is as follows: (a) adding the following two parts to the right side of the judgment of the court of first instance: (b) as stated in the reasoning of the judgment of the court of first instance, except to supplement or add the judgment as stated in the following (3); and (c) as such, it is acceptable as it is in accordance with Article 8(2) of the Administrative Litigation Act

2. The summary of the reasons why the court has judged the removal as null and void shall be as follows:

The reason for the dismissal of the Plaintiff’s Intervenor, etc. is that the Intervenor, etc. published his/her name, etc. through the Teaching Council, etc. and reported it to the press, etc., thereby impairing the honor of the Plaintiff, D University, etc.

① The purport of the Plaintiff and D University, etc.’s act of organizing the Teaching Council or publishing their names, etc. is that the Plaintiff, D University, etc. should be operated transparently for educational purposes in line with the purpose of its establishment. However, considering the fact that the president’s operation of the Plaintiff, D University, etc. in a clear manner and continued to be pointed out by the Ministry of Education, the Board of Audit and Inspection, etc., and that the Plaintiff, president, etc., were urged the Plaintiff, etc. to look at the form of an educational institution through the democratic and transparent operation of D University and Plaintiff, etc., ② the fact that the Intervenor, etc. raised by the Intervenor, etc., and the fact that the Plaintiff, etc. were pointed out by the Board of Audit and Inspection and the Ministry of Education, etc., were the truth, and ③ the above problem is the democratic and transparent operation of the D University, etc., which is an educational institution, and thus, it should be allowed to raise criticism and problems, all of the grounds for disciplinary action against the Plaintiff, etc.

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