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(영문) 창원지방법원 2020.04.23 2019구합53936

교원 징계결정 무효확인

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of disposition;

A. The Plaintiff is a public educational official who was newly appointed as a public educational official (school teacher) on June 1, 1978, promoted to the principal on March 1, 2014, and served as a principal of a secondary school from March 1, 2016 to the principal of a secondary school, and served as a Cmiddle School teacher after March 1, 2018.

B. On December 15, 2016, the Defendant: (a) held the Audit and Inspection Review Council with respect to the Plaintiff, the principal of the B secondary school, on grounds of violation of good faith and duty to maintain dignity; and (b) requested, on December 27, 2016, the Gyeongnam-do General Disciplinary Committee for Public Educational Officials (hereinafter “Resolution on Disciplinary Action and Imposition of Disciplinary Additional Charges (three times)” against the Plaintiff; (c) Meanwhile, on December 28, 2016, the Defendant issued a disposition of removal from position pursuant to Article 73-3(1)3 of the State Public Officials Act on the ground that “the Disciplinary Committee was requested due to a breach of good faith and duty to maintain dignity.”

(3) On March 31, 2017, the Defendant issued a three-month disciplinary measure against the Plaintiff on grounds of the duty of good faith and duty to maintain dignity, and imposed a surcharge of KRW 935,100 on the Plaintiff under Article 78-2 of the State Public Officials Act (hereinafter “instant disposition”). C. After the administrative appeal, the Plaintiff dissatisfied with the instant disposition of removal from position and filed an administrative appeal seeking revocation thereof with the Central Administrative Appeals Commission on January 27, 2017, and the Central Administrative Appeals Commission transferred the instant case to the Teachers’ Appeal Committee on March 10, 2017. On May 10, 2017, the Teachers’ Appeal Committee dismissed this part of the claim on the ground that the instant disposition of removal from position is justifiable.

2. On April 6, 2017, the Plaintiff dissatisfied with the instant disposition, filed a petition review with the Appeal Commission for Teachers. On June 21, 2017, the Appeal Commission for Teachers recognized the remainder of the grounds for disciplinary action, excluding some of the grounds for disciplinary action, as well as the grounds recognized.