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(영문) 전주지방법원 2016.08.25 2016구합411

견책처분취소청구

Text

1. The Defendant’s reprimand disposition against the Plaintiff on August 12, 2015 shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On March 10, 1975, the Plaintiff was newly appointed to the Jeollabuk-do Elementary School, Jeollabuk-do, and served as the principal at C Elementary School from March 1, 2014 to February 28, 2016.

B. On August 12, 2015, the Defendant issued a disciplinary measure against the Plaintiff for three months of salary reduction in accordance with Article 78(1) of the State Public Officials Act, as follows:

From March 1, 2014 to March 2015, the Plaintiff: (a) mobilized 20 to 30 teachers and staff, such as sports instructors, public interest personnel, and Taekwondo tour coaches, while performing approximately 26 to 64 religious services; and (b) whenever performing religious services, the Plaintiff violated the rights of teachers and staff by abusing official authority as the principal of the school who frequently works with D (facilities management class 7).

The plaintiff neglected the duty to prevent school safety accidents and manage school facilities (grounds 2) without separately preparing a separate space for the prevention of school safety accidents and school facilities safety management (grounds 2) and the fact that the construction of a work room in a space with frequent access of students causes a civil petition of parents who are likely to cause a student's safety accident by neglecting the electric saw, which is the principal of the school and neglected the duty to prevent school safety accidents and to safely manage and maintain school facilities.

C. On November 11, 2015, the Plaintiff filed a request for review with the Appeal Committee for Teachers, and the Appeal Committee for Teachers was mitigated by a reprimand on March 1, 2015.

(hereinafter referred to as “instant disposition”), which was mitigated on August 12, 2015 (hereinafter referred to as “alleviated disposition”). / [Grounds for recognition] without dispute, entry in Gap’s 1, 2, Eul’s 1, 2, and 1, 2, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The plaintiff's assertion was conducted for the purpose of the public interest for the reduction of the student's health and budget, and the school personnel voluntarily do so.