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(영문) 서울행정법원 2018.09.13 2016구합78578

교원소청심사위원회결정취소

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 decision;

A. On September 1, 2004, the Plaintiff was appointed as a full-time lecturer at the music university’s sexual music and as a full-time lecturer, and was in office as an associate professor from October 1, 2010.

An intervenor is a school juristic person that establishes and operates Cate.

B. On February 14, 2014, the CW Human Rights Center received information about the Plaintiff’s sexual indecent act, etc. from E, the father of D, and held the Investigation Committee three times from March 5, 2014 to the 20th day of the same month, and confirmed that the Plaintiff’s act on the 27th day of the same month constituted sexual harassment under Article 2 subparag. 2(a) of the CW Human Rights Center Regulations and requested the CW General to take a heavy disciplinary measure against the Plaintiff.

C. On April 1, 2014, the Intervenor demanded the Teachers’ Disciplinary Committee to adopt a heavy disciplinary resolution against the claimant, and the Plaintiff was released from position pursuant to Article 38(1)1 of the Personnel Regulations for C University Teachers (hereinafter “Personnel Regulations”) on the following grounds:

(hereinafter “Release from position”. From April 3, 2012 to August 14, 2012, the Plaintiff received 45 times a total of 600,000 won from the private practice room located in Yangcheon-gu, and received 600,000 won per time, total of 27,000 won, and 30,000 won per time during the pertinent teaching period, such as “I am going to teach Cate during the pertinent teaching period,” and then I want to look well in the future through the horses, such as “I am to teach” and “I am to 30,000,000 won at the market price,” during the above teaching period. Moreover, I want to see the horses, such as “I am to have a breast,” and “I am to am or am to am on a cell phone,” and “I am to am on a 3-year mobile phone, etc. after having been sent to G.

D. The Plaintiff applied for a provisional disposition suspending the effect of the instant dismissal to the Seoul Central District Court, but on January 2014.