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(영문) 서울고등법원 2017.12.14 2017누67669

정직3월처분취소

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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

The court's explanation about this case is identical to the part concerning the reasoning of the judgment of the court of first instance, in addition to the part concerning which appeal is made under Paragraph (2) below, and thus, it is citing it as it is in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

(A) Each "Code of Conduct for Public Officials of Gyeonggi-do Office of Education" of Gyeonggi-do shall be construed as the "Code of Conduct for Public Officials of Gyeonggi-do Office of Education (wholly amended by the Gyeonggi-do Educational Rule 787, Feb. 17, 2017)" in the first instance court, where the grounds for the plaintiff's assertion in the trial are not significantly different from the allegations in the first instance court, and all the evidence submitted in the first instance and the first instance court are examined.

The part of the judgment of the court of first instance, from 10th to 6th of 10th of 3th of 10th of 3th of 10th of 3th of 10th of 3th of 10

Article 2 of the Rules on Disciplinary Action, etc. against Public Educational Officials (amended by Ordinance of the Ministry of Education No. 128 of March 24, 2017) provides that "A disciplinary committee shall make a disciplinary decision in accordance with the disciplinary guidelines in the attached Table in consideration of the type of misconduct, degree of misconduct, degree of negligence and degree of deliberation and behavior, work performance, public service, degree of penance, other circumstances, etc. of a discipline accused person," and Article 4 (1) 2 provides that disciplinary action may be mitigated in cases where "a person for whom a disciplinary decision has been requested by the disciplinary committee is "the head of a central administrative agency (including the head of a agency equivalent to loans), or a person who has received an official commendation or higher than the Superintendent of an Office of Education in the case of a teacher", and the attached Table (the criteria for disciplinary action is "other acts of breach of good faith" and "where there is a serious degree of non-ranking and intentional intention", "a person shall be punished by dismissal," and "a person who has committed an intentional act."