보직해임처분무효확인등
1. As to the plaintiff, the Minister of National Defense issued a disposition to assign, dismiss, and dismiss associate professors as of September 20, 2010.
1. Details of the disposition;
A. On Aug. 1, 1989, the Plaintiff was appointed to B teachers of the Korea Air Force Academy on Oct. 1, 1989, and promoted to B teachers of the Korea Air Force Academy on Aug. 1, 2000, and on May 16, 2005, the Plaintiff was promoted to B teachers of the Korea Air Force Academy.
B. On May 25, 2009, Defendant Air Force Chief of Staff, on the ground that the Plaintiff committed an act of impairing the dignity of the soldier as stated in the annexed Disciplinary Reason, he was subject to a disciplinary measure for two months of salary reduction against the Plaintiff.
C. On September 2, 2010, the committee for deliberation on the removal of positions established at the Korea Air Force Academy (hereinafter “the committee for deliberation on removal of positions in this case”) deliberated on the issue of whether to dismiss the Plaintiff from the teaching staff in the presence of six members on September 2, 2010, the Plaintiff failed to obtain the degree within the doctorate course period from March 1995 to February 2, 1998, and the Plaintiff neglected the invitation of foreign instructors at the doctorate course. ② The Plaintiff neglected the invitation of the teaching staff in the absence of a spouse, ③ maintained an inappropriate relationship with other women. ④ The Plaintiff maintained an inappropriate relationship with other women, and was not able to concentrate on teaching activities as well as on learning activities. Ultimately, the Plaintiff decided to appoint the teaching staff with the consent of all participating members on the ground that the Plaintiff constitutes “a person whose qualification of the teaching staff is deemed significantly lacking and a person who is deemed unable to perform the duties of the teaching staff due to other unavoidable reasons.”
On September 20, 2010, the Minister of National Defense issued a personnel order to dismiss the Plaintiff from the position of associate professor at the Korea Air Force Academy on September 16, 2010 (hereinafter “instant disposition to dismiss the teaching assistant”).
E. On September 28, 2010, Defendant Air Force Chief of Staff issued a personnel order to dismiss the Plaintiff from the position of the professor of the Korea Air Force Academy, a professor of the Korea Cultural and Social Science Academy, B, on September 20, 2010 (hereinafter “instant position order”).