해임처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the decision;
A. From April 7, 1987, the Plaintiff served as a teacher at C High School operated by a school juristic person B (hereinafter “B”) and was transferred to another position at D High School operated by B from March 1, 1999.
B. On March 4, 2013, according to a request for a disciplinary decision by the chief director B, the B Disciplinary Committee decided on dismissal against the Plaintiff on the ground that the Plaintiff’s act constitutes grounds for disciplinary action under each subparagraph of Article 61(1) of the Private School Act by violating the duty of good faith under Article 56 of the State Public Officials Act applied mutatis mutandis pursuant to Article 55 of the Private School Act, the duty to obey Article 57, the duty to refrain from removal from work under Article 58, the duty to promote friendship under Article 59, the duty to maintain dignity under
(hereinafter “instant disciplinary resolution”). Accordingly, B chief director dismissed the Plaintiff on March 18, 2013.
(hereinafter “instant disciplinary action” and the following grounds were cited as the grounds for disciplinary action: ① Since the Plaintiff was transferred to D High School in March 1993, the Plaintiff did not assign a teacher to a position on the grounds of health for the last 13 years; and when the Plaintiff was assigned to a position in February 2012, 2012, it was excluded from the assignment of a position by making the principal and the assistant principal go through telephone text writing and writing instead of nightly to the principal and the assistant principal when he was assigned to a position in February 2012.
② On June 28, 201, the period of time for the security of school facilities is important, the Plaintiff sleeped with teachers of the Korean Language and Curriculum Council, entering the school office under the influence of alcohol without relation to their duties. Although security guards ordered by the assistant principal and the head of the Human Nature Guidance Book to leave the school, the Plaintiff refused to leave the school office, the Plaintiff sleepd from the school office until the fiveth day of the following day.
③ On April 13, 2012, the Plaintiff left the class without permission from the head of the relevant school or on the ground that the body goes out without undergoing due process during the class hours of the fourth-year class on April 13, 2012.
(4)