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(영문) 서울행정법원 2020.03.13 2019구합66866

교원소청심사결정 취소 청구

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.

Reasons

1. Details of the disposition;

A. The Plaintiff is an educational foundation that operates the C High School in Gwanak-gu in Seoul Special Metropolitan City (hereinafter “instant school”), and the Intervenor was employed as a teacher of the instant school from April 22, 2006 until the removal of the instant case as follows:

A. The summary of the part for which the Plaintiff recognized the grounds for disciplinary action shall be stated in the part of the "Written Decision (Evidence No. 11)" (the "Written Decision").

1. 성추행(성희롱)으로 판단되는 행위(강제적인 뽀뽀, 얼굴에 침 묻히거나 핥기, 얼굴과 신체부위 깨물기, 껴안기, 신체의 민감한 부위 접촉, 만지기)를 수년간 지속적, 강제적, 상습적으로 해옴[아동청소년의 성보호에 관한 법률(위계등추행), 아동복지법(아동학대), 품위유지의무위반](이하 ‘제1징계사유’라 한다)

2. Having a large number of students take a written oath by directly collecting the blood of the students through the authority of a teacher for a several years (indecent act, etc. against the protection of children and juveniles, the Child Welfare Act, and the violation of the dignity maintenance of the children and juveniles Act (hereinafter referred to as "grounds for second disciplinary action");

3. As a teacher, the class and performance evaluation, which are the basic duties, and the internal and internal tests were conducted so as to seriously infringe on the student's right to teach.

[Duty of good faith, and Articles 12 and 14 of the Framework Act on Education (1) fundamental human rights of learners, including students, shall be respected and protected in the course of school education or social education. (2) Contents of education, educational methods, teaching materials, and educational facilities shall be provided to ensure that learners’ maximum ability may be displayed by respecting their personality and emphasizing their personality. (3) Students shall establish a sense of ethics, observe school regulations, and shall not interfere with teachers’ educational and research activities or disturb school order.