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(영문) 춘천지방법원 2017.07.18 2016구합795

이행강제금부과처분취소

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On August 18, 2015, the Plaintiff held a teachers and staff disciplinary committee under the Private School Act, which operates B middle schools and B high schools, and decided to dismiss C who are his/her employees.

B. On October 20, 2015, C filed an application for remedy on the ground that the dismissal of the Plaintiff was unfair, with the Defendant. On December 21, 2015, the Defendant acknowledged that the above dismissal was unfair, and ordered the Plaintiff to return C to the original position within 30 days from the date of service of the written ruling and to pay the amount equivalent to the wages that C would have received if it had worked during the period of dismissal.

C. The Plaintiff reinstated C on February 5, 2016, but did not pay the amount equivalent to the wages until February 18, 2016, which was the date of performance.

On March 28, 2016, the Defendant imposed KRW 5 million for enforcement on the Plaintiff on the ground that the Plaintiff failed to comply with the remedy order to pay the amount equivalent to the wages during the period of dismissal to C (hereinafter “instant remedy order”).

(E) On May 2, 2016, the Plaintiff filed an administrative appeal against the first disposition with the Central Administrative Appeals Commission, but the claim was dismissed on October 21, 2016. (f) On September 29, 2016, the Defendant imposed KRW 7 million on the Plaintiff on the ground that the Plaintiff still failed to comply with the instant order for remedy (hereinafter referred to as “the second disposition”). [Grounds for Recognition] The Defendant did not dispute on the ground that there was no dispute, evidence Nos. 2 through 4, and evidence Nos. 1 through 7, and the purport of the entire pleadings, all of the arguments, and the purport of the entire pleadings.

2. The attachment to the relevant Acts and subordinate statutes shall be as follows;

3. Whether the instant disposition is lawful

A. The plaintiff's assertion 1 is a non-profit public-service corporation, and if the amount of the wage is not subsidized by the State due to lack of self-profit profits, the plaintiff applied for wage subsidies several times to the Gangwon-do Office of Education, but rejected the application, and dispose of the basic property for profit, and thereby issuing the relief order.

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