해임처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Details of the disposition
A. The Plaintiff was newly appointed as a teacher of B elementary school on March 11, 2013, and served at C elementary school from March 1, 2018.
B. On Nov. 9, 2018, the Defendant: (a) around 09:21, 2018, the Plaintiff committed a self-defense act, such as (i) self-defense in front of the victim F (hereinafter referred to as “victim”) and a large number of unspecified students, (ii) taking a part in a place in which the victim was living, and (iii) taking a sexual organ from the victim, and shaking the victim. As a result, the Plaintiff violated the duty to maintain dignity as a public official by taking a disposition of suspension of indictment on the condition of completion of the education as a public performance and a public official under the condition of completion of education (hereinafter “instant disciplinary cause”), and (b) demanded a resolution of heavy disciplinary action against the Plaintiff to the Gyeonggi-do General Disciplinary Committee on Public Educational Officials.
C. The Gyeonggi-do General Disciplinary Committee on Public Educational Officials decided to dismiss the Plaintiff on November 30, 2018, and the Defendant dismissed the Plaintiff on December 14, 2018.
(hereinafter “instant disposition”) D.
On January 4, 2019, the Plaintiff filed an appeal review with the Appeal Commission for Teachers, but was dismissed on April 10, 2019.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, and the purport of the entire argument of the instant disposition is legitimate. The plaintiff's assertion that the disposition of this case is legitimate: ① the plaintiff's obscenity is not a obscenity act while the plaintiff was a victim; ② the investigative agency agreed with the plaintiff; ② the plaintiff issued a disposition of suspension of indictment against the plaintiff in consideration of the fact that the plaintiff was seriously against the victim; ③ the criteria for disciplinary action on the public educational officials, etc. subject to the instant disposition (amended by Ordinance of the Ministry of Education No. 178 of March 18, 2019) of Article 2 (1) [Attachment] of the former Rules on Disciplinary Action
According to this, sexual assault and obscenity are not distinguished.