해임 및 징계부가금부과 처분 취소
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of disposition;
A. On July 1, 2006, the Plaintiff is a public educational official who was newly appointed as a teacher of the Changwon District Office of Education B, served at C elementary school from March 1, 2015 to August 31, 2018, and served at D schools from September 1, 2018 to February 27, 2019.
B. From July 12, 2018 to December 20, 2018, the Defendant conducted an audit on the improper operation and work process of C Elementary School Teachers’ clubs, and then requested a resolution of the General Public Educational Officials Disciplinary Committee (hereinafter “Disciplinary Committee”) on December 26, 2018 as follows: (a) on December 26, 2018, the Defendant requested the Plaintiff to take a heavy disciplinary action and disciplinary surcharge three times as to the Plaintiff.
On February 18, 2019, the Disciplinary Committee passed a resolution on the "two times the surcharge for dismissal and disciplinary action" against the plaintiff.
On February 27, 2019, the defendant dismissed the plaintiff and imposed disciplinary surcharge of KRW 30,035,360 on the same content as the result of the disciplinary committee.
(2) The lower court determined that the Plaintiff, at the time of 2015 to 2018, paid KRW 7,073,910 to the Plaintiff’s account for the settlement of the unjust amount of KRW 7,073,910, was the Plaintiff’s account and executed the Plaintiff’s total amount of KRW 7,073,910, when operating and managing the “J” of the 2016 Educational and Research Council.
2 Disciplinary Grounds: The Plaintiff’s unfair enforcement of KRW 1,640,500 for the cost of occupational training in the special field even from 2015 to 2016 was conducted with a total of KRW 1,640,50 for occupational training in the second year of 2015, and for occupational training in the first year of 2016.
3. Disciplinary Reason 3: Voluntary entry in the list of East Asia (Research Council) without the consent of teachers was made by the Plaintiff at will without the consent of some teachers in the preparation of the list of applicants for recruitment.
The grounds for disciplinary action No. 4: The plaintiff for unfair enforcement of 1,710,000 won for care classes and after-school instructors shall also be the elementary school care class in the year 2015.