직위해제처분 및 해임처분 무효확인
1. Of the instant lawsuit, the part regarding the claim to nullify the removal from position as of April 19, 2017 is dismissed.
2. The plaintiff's remainder.
1. Basic facts
A. The Defendant is a school foundation that establishes and operates Chigh School (hereinafter “instant school”), and the Plaintiff was appointed as a teacher belonging to the Defendant on March 1, 2014 and was in office as a teacher of the Commercial Party in the instant school.
B. On April 19, 2017, the Defendant requested the Teachers’ Disciplinary Committee of the instant school (hereinafter “ Teachers’ Disciplinary Committee”) to decide on a disciplinary action against the Plaintiff, and then dismissed the Plaintiff from office (hereinafter “instant removal from office”) pursuant to Article 58-2(1)2 of the Private School Act.
After that, on May 22, 2017, the teachers’ disciplinary committee decided to dismiss the Plaintiff on the grounds that the following grounds for disciplinary action occurred, and the Defendant issued a dismissal disposition against the Plaintiff on June 13, 2017 (hereinafter “instant dismissal disposition”) according to the result of the said disciplinary action.
1. Violation of the duty to maintain dignity (hereinafter “the ground for disciplinary action 1”), the Plaintiff: (a) sent 240 telephone conversationss during night hours from November 17, 2014 to August 24, 2015; (b) sent two-day accommodation travel at two times; (c) on April 9, 2015, the Plaintiff engaged in an act of incompetence, such as entering a multi-tamper after an experiential event.
2. On August 2, 2016, the Plaintiff violated his/her duty to maintain dignity (hereinafter “instant disciplinary ground”) submitted a false written application and a written petition to three teachers who participated in the deliberation of the disciplinary action against himself/herself (one-month suspension from office on May 1, 2016) and six teachers of the same school, and thereby interfered with his/her duties by reporting the Plaintiff to the Gyeonggi-do Office of Education and submitting a written application to the Ministry of Gender Equality and Family, although the principal dealt with the Plaintiff’s case in accordance with the procedures, he/she reported the fact to the Gyeonggi-do Office of Education and submitted a written application to the Minister of Gender Equality and Family.
3. Defamation of school managers by spreading false facts in breach of the duty to maintain dignity, and