사립학교 교원의 사직의 의사표시의 효력

Abstract

An employee's declaration of resignation is generally regarded as a unilateral termination of the employment relationship. In contrast, for public officials, the nature of their appointment as an administrative act means that submitting a resignation letter does not automatically result in the unilateral termination of their public service. Instead, it is treated as a request for consensual termination that requires the approval of the administrative authority. The same principle applies to educational public officials. Then what should a private school teacher's declaration of resignation be understood as? Since private school teachers are essentially considered employees, their resignation appears to be akin to the resignation of any employee. However, under the Private School Act, the appointment of teachers requires deliberation and resolution by the board of directors, and there are additional procedures for verifying disciplinary grounds for those resigning voluntarily. This raises the question of whether a private school teacher's resignation constitutes a unilateral termination or a proposal for consensual termination. Given the procedural requirements of the Private School Act, including the board's involvement in appointments and the verification of disciplinary grounds for voluntary resignations, it becomes essential to clarify the validity of a private school teacher's resignation. Moreover, in practical employment relations, it is common for individuals to withdraw their resignation. Therefore, if a private school teacher submits a resignation but later withdraws it, the validity of such a withdrawal must also be examined. This paper analyzes the validity of a private school teacher's declaration of resignation in relation to the procedural requirements under the Private School Act and concludes that such declaration is effective as unilateral terminations of the teacher’s employment relationship.