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(영문) 서울행정법원 2018.04.12 2017구합76470

교원소청심사위원회결정취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.

Reasons

1. Details of the decision;

A. The plaintiff is a school foundation that establishes and operates Chigh Schools, and the intervenor is a person who served as a teacher at C High Schools operated by the plaintiff from March 1, 1992.

B. The Intervenor’s disciplinary power and appeal process 1) was in the position of Chigh School staff (excluding fixed-term teachers and contractual workers) from April 2012 to February 2014, 2014, and the Plaintiff’s teachers’ disciplinary committee was in the position of Chigh School friendly president. 2) On December 26, 2014, the Intervenor’s act constitutes embezzlement of public funds, since the Intervenor used the friendship membership fee that he/she has paid while working as a friendship president for personal purposes as a personal account in the name of the intervenor. This constitutes embezzlement of public funds. This constitutes a type of misconduct in breach of good faith (i.e., embezzlement, utility, occupational breach of trust) and duty of integrity among the rules on disciplinary action against public educational officials, etc., on the ground that the Intervenor’s dismissal was determined by the said resolution, and the Plaintiff notified the Intervenor on January 6, 2015.

(3) On February 3, 2015, the Intervenor filed a petition seeking revocation of the previous dismissal with the Defendant on February 3, 2015. On April 23, 2015, the Defendant rendered a decision to revoke the previous dismissal on the ground that the Intervenor’s embezzlement is not a public fund, but the Plaintiff’s embezzlement is not specified, and the Plaintiff’s intent of unlawful acquisition is not recognized, and thus, does not constitute embezzlement (hereinafter “decision 1”).

(4) The Plaintiff filed a lawsuit against the Defendant seeking the revocation of the first decision with this Court, and this Court held on April 1, 2016 that the “child membership fee” is not public funds, but it constitutes embezzlement for the Intervenor’s consumption of the membership fee for private purposes against the intent of the consignment of friendly members.

The intervenor's act.