beta
(영문) 대전지방법원 2016.10.05 2015구합2187

정직3월처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On March 1, 1984, the Plaintiff was appointed as an implied middle school teacher in the East Sea, and from September 1, 201, the Plaintiff served as the principal of the B Middle School in the Gongju-si.

B. On November 27, 2013, the Defendant issued a three-month disciplinary measure of suspension from office against the Plaintiff on December 6, 2013 following a resolution by the General Disciplinary Committee for Public Educational Officials in Chungcheongnam-do (hereinafter “instant disposition”).

- The Plaintiff, on November 1, 201, notified F of F working in the area D located in D, Cheongnam-do Office of Education E in the Cheongnam-do Office of Education of Cheongnam-do of the six issues of the proposal for an open screening process conducted by the education specialist in the education specialist in the education specialist in Cheongnam-do Office of Education and notified H of H of his application for the relevant examination on November 19, 201.

From November 201, 201 to December 201, 201, the Plaintiff informed the Defendant of the interview evaluation of an open screening process conducted by the education specialist in the education specialist in the education specialist in the Glag-do Office of Education in the vicinity of D, and H passed the final screening process conducted by the education specialist in the Glag, and the Prosecutor of the Daejeon District Public Prosecutor's Office prosecuted the Plaintiff as a crime of obstruction of performance of official duties by deceptive means.

The Plaintiff’s above act constitutes grounds for disciplinary action under Article 78(1) of the State Public Officials Act, which violates Articles 56 (Duty of Good Faith) and 63 (Duty of Maintenance of Dignity) of the State Public Officials Act.

C. The Plaintiff dissatisfied with the instant disposition and filed an appeal review with the Appeal Commission for Teachers, but the said request was dismissed on June 24, 2015.

On July 14, 2014, the Plaintiff was sentenced to a fine of KRW 7 million for the obstruction of performance of official duties by fraudulent means as stated in the preceding B B by the Daejeon District Court.

(Seoul District Court 2013Gohap412). The Plaintiff appealed against it, and was sentenced to a suspended sentence of two years at the Daejeon High Court on June 12, 2015.

(Seoul High Court 2014No335). The plaintiff's appeal to this appeal is pending in the Supreme Court.

(Supreme Court Decision 2015Do10283). [Based on recognition] Party A’s evidence Nos. 1, 2, and 3 and Party B’s evidence Nos. 1 and 2.