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(영문) 대구지방법원 2017.09.06 2017구합20752

파면처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On May 11, 1992, the Plaintiff was appointed as an elementary school teacher, and from March 1, 2016, the Plaintiff was assigned to B elementary school and served as a teacher in the fourth year.

B. On July 22, 2016, at around 12:10, the Plaintiff: (a) met the lux part in the process of entering C, a four-year student at B elementary school, who seeks to take away goods that are being arranged for the upper preparations at B elementary school learning preparation room; and (b) the Plaintiff was suffering from her sexual organ by inserting his hand into B elementary school’s four-year class at B elementary school on August 12, 2016; (c) on August 12, 2016, the Plaintiff met the D’s bridge, a four-year student at B elementary school, who was the fourth-year student at B elementary school; (d) was fluoring his hand into D’s half-round 4 to 5 times; and (d) was seated on knee.

“The instant misconduct” as well as the act in subsection (1).

C. On August 18, 2016, the Defendant requested a general disciplinary committee of the Daegu Metropolitan Office of Education to make a disciplinary decision against the Plaintiff. On September 9, 2016, the said disciplinary committee decided to dismiss the Plaintiff.

2) Accordingly, the Defendant removed the Plaintiff from office pursuant to Article 78(1) of the State Public Officials Act on September 23, 2016 on the ground that the Plaintiff violated Articles 56 and 63 of the State Public Officials Act (Duty of Good Faith) by committing the instant misconduct. D. The Plaintiff sought revocation of the instant disposition on October 19, 2016, but was dismissed on December 7, 2016. E. The Plaintiff’s criminal judgment against the Plaintiff was charged with the instant misconduct on December 27, 2016, and was found guilty of the offense of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (13 minors under the age of 13), and the said judgment contained the number 1 through 31, 2017 in the Daegu District Court en banc evidence No. 1301, Apr. 7, 2017 (No evidence 1 through 4, 2017).