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(영문) 서울행정법원 2020.03.19 2019구합50113

교원소청심사위원회결정취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff was appointed as a physical therapy and full-time lecturer at B University on September 1, 2009, and the position was changed as an assistant professor on July 22, 2012, and thereafter, he/she served as the head of the physical therapy department.

B. The original dismissal disposition 1) On March 27, 2018, the physical therapy department 2-D, female students, etc. reported and consulted on the case of sexual harassment and verbal abuse against the Plaintiff at the Student Counseling Center at B university on March 27, 2018. Accordingly, on April 3, 2018, the sexual harassment deliberation committee was held at the school and the survey was conducted on April 4, 2018 against all of the students. 2) On April 5, 2018, the intervenor requested the disciplinary resolution to the teachers’ disciplinary committee. On April 26, 2018, the teachers’ disciplinary committee violated Article 55 (Service) of the Private School Act, Article 63 of the State Public Officials Act, and Article 56-2 (Disciplinary Grounds and Types) of the Articles of Incorporation of the Educational Foundation and Types 3 of the same Act, and the intervenor dismissed the Plaintiff as a teacher on the ground that he/she did not cause injury to his/her dignity.

C. On May 28, 2018, the Plaintiff filed a petition for review of the appeal on the foregoing dismissal disposition. On July 18, 2018, the Defendant rendered a decision to revoke the initial dismissal disposition on the ground that “the grounds for disciplinary action and disciplinary decision on dismissal are not specified, and the content of the initial dismissal is illegal due to a serious procedural defect not identical.” On August 2, 2018, the Plaintiff and the Intervenor was notified of the said decision. (2) On August 2, 2018, the Intervenor revoked the initial dismissal disposition before the notice of the said decision, and requested the Plaintiff to make a heavy disciplinary decision on July 20, 2018 after deliberation by the Teachers’ Personnel Committee.

3. Accordingly, the teachers' disciplinary committee is subject to the grounds for disciplinary action specified in the table 1, August 3, 2018.