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(영문) 광주지방법원 2016.09.22 2015구합12038 (1)

직위해제 및 해임처분 취소 청구

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1. Removal from his position on October 10, 2014 among the lawsuits against the head of the District Education Office of the Plaintiff’s Seo-gu Gwangju Metropolitan City Office of Education.

Reasons

Details of the disposition

The Plaintiff was appointed as a teacher on March 1, 2006 and served in B Middle School on March 1, 2010, and was transferred to C Middle School on March 1, 2010, and was transferred to D Middle School on March 1, 2014, and served as a teacher for the first and second grade school (school physician).

On October 10, 2014, the head of the District Education Office of Seoul Metropolitan City (hereinafter referred to as the “head of the District Education Office”) removed the Plaintiff from his position pursuant to Article 73-3(1)3 of the State Public Officials Act on the ground that the Plaintiff’s violation of good faith, violation of good faith, violation of duty to maintain dignity, violation of duty to obey, violation of duty of friendship, violation of duty of equal treatment, and violation of duty of prohibition of removal from position.

On December 17, 2014, Defendant Gwangju Metropolitan City superintendent of education issued a dismissal disposition against the Plaintiff (hereinafter “instant dismissal disposition”) pursuant to Article 78(1) of the State Public Officials Act due to the following reasons.

The grounds for the disciplinary action of this case

1. Physical punishment and speech violence against students: Violation of the duty of good faith and the duty to maintain dignity (hereinafter referred to as "grounds for disciplinary action 1");

A. The Plaintiff, on the ground that E students did not take the course of study or do not take a part in the course of study, had E students take up the physical 800-1,000 to April 8, 2014 by dividing 100-200 times a day by 100-200. On April 8, 2014, the Plaintiff, on the ground that E students did not take part in the course of study, took up 200 times a day, thereby having E students take up the “on the side slocks.”

B. In addition to E students, there was a fact that three students, knee, knee, taken X-RAY at a Afazary hospital or received sing or water treatment, and F students, geld the stairs of the school, and geld on the bridge, and geld on the bridge several occasions.

C. As a result of the student survey, 107 students from 167, among 167 students who have taken lessons from the plaintiff, who are 64% of the total number of students who have taken lessons from the plaintiff, have experience in “severing and standing”, and other students who are also able to sit with them.

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