The judgment of the court below is reversed, and the case is remanded to Suwon District Court Panel Division.

1. We examine ex officio any accusation through the national inquiry among the facts charged in the instant case.

(1) Article 156 of the Criminal Act provides for the punishment of a person who reports false facts to a public office or a public official for the purpose of having another person receive criminal or disciplinary punishment.

The term "Disciplinary Action" refers to an identification measure imposed for the purpose of maintaining order in the supervisory relationship under public law.

(See Supreme Court Decision 2010Do10202 Decided November 25, 2010). However, given that a private school teacher is appointed and dismissed by a school juristic person or a manager of a private school (Articles 53 and 53-2 of the Private School Act), appointment and dismissal are based on a private employment contract, and a private school teacher is paid wages from a school juristic person, etc. in return for educating students, the relationship between a school juristic person, etc. and a private school teacher constitutes,

(See Supreme Court Decision 95Da11689 delivered on July 30, 1996. The appointment and dismissal report to the competent agency on the appointment and dismissal of private school teachers, and the competent agency shall, in certain cases, request the person who has the authority to appoint and dismiss the relevant teacher to guide, supervise, support and regulate school juristic persons, etc. (Article 54 of the Private School Act), and guarantee the qualification, service and status of private school teachers as teachers of national and public school who are public officials. However, the purport of ensuring that their status, etc. is the same as that of public educational officials on the premise that their legal relations are private law relations.

Therefore, disadvantageous measures such as disciplinary action are characterized by judicial act as the exercise of personnel rights to private school teachers of school juristic persons, etc.

(See Supreme Court Decision 95Nu12934 delivered on Nov. 24, 1995, Constitutional Court en banc Decision 2005Hun-Ga7205Hun-Ma1163 delivered on Feb. 23, 2006, etc.). Meanwhile, the interpretation of penal provisions should be strict, and the meaning of explicit penal provisions should be the defendant.