beta
(영문) 서울고등법원 2021.01.15 2020나2016806

해임처분무효확인 청구의 소

Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The purport of the claim and the purport of the appeal are the judgment of the first instance.

Reasons

1. The reasons why the court should explain this part of the basic facts are the same as the pertinent part of the reasoning of the judgment of the court of first instance except for any addition or dismissal below. Thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

Section 4 of the judgment of the court of first instance is dismissed as follows.

"D."

According to the resolution of the committee for deliberation on the above grievance, the plaintiff was transferred to E farm other than the defendant school on November 12, 2018 after the meeting of the committee for deliberation on the above grievance.

Since then, on November 14, 2018, the victimized student was sent to the Plaintiff in the F plaza in the Defendant’s school, and on November 28, 2018, the Plaintiff was driving in the latter part of the Defendant’s school.

It was known to the Gender Equality Center.

In the first instance judgment No. 5 of the first instance judgment, Section 5 of the “A” is referred to as “A.”, Section 6 is referred to as “A.”, and Section 6 is referred to as “A.”, respectively, and Section 5 is referred to as “A.......” in the front of Section 5 is added to Section 5.

Around February 2019, the injured student filed a complaint against the Plaintiff as the injury caused by an indecent act or forced indecent act by force. On June 7, 2019, the Plaintiff, the Defendant, and the injured student entered into an agreement and the withdrawal of complaint (hereinafter “instant agreement”) with the following content, and the Plaintiff paid KRW 40 million to the injured student on the same day in accordance with the content of the instant agreement.

In addition, on June 28, 2019, the plaintiff was subject to a disposition not guilty of the injury caused by forced indecent conduct by the Seoul Northern District Prosecutors' Office (insufficient evidence) and a disposition of conditional suspension of indictment on the part of forced indecent conduct was issued.

In a letter of agreement and withdrawal of complaint, the Seoul Northern District Court's 2019 type No. 16425 type 2019 type 2019 type 200 type 2025 type 16425 type 200 type 200 type 200 type 2025 type 207 type 207 type 20222, the injured student on the defendant's above case shall receive money from the plaintiff under the following conditions and shall not be held liable for any civil or criminal liability later, and thus,