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(영문) 서울행정법원 2018.10.11 2018구합55999

교원징계결정처분취소

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. The Intervenor, as a school juristic person, established and operated D University in Seoul (hereinafter “instant University”), and the Plaintiff was newly appointed as an assistant professor of the instant University on March 1, 2005 and served as a professor in science and technology universities, sports, and sports as from March 1, 2014.

B. On July 14, 2017, the Intervenor decided to hold a board of directors to take disciplinary action against the Plaintiff. The Intervenor’s president demanded the Chairperson of the Teachers’ Disciplinary Committee on the 21st of the same month to take disciplinary action against the Plaintiff as follows.

- There is a fact that the Plaintiff grants sexual preference to E students, who were children of the person who did not normally complete the sports industry theory and the sports facility theory that the person in question took lectures in the second semester of 2016, even though they did not complete the normal course.

- At the time of the first audit on the above contents, the plaintiff and the son's children were stated not to be known to the original point, but in the second audit, there was a fact that the plaintiff and the son's children were known to the son's children, and that the son's children were given various preferential treatment, such as sexual intercourse, in the press, reported to the media, and led them to the honor of the university of this case.

- In addition, in the middle of the class of the sports industry theory, it is possible to inform the student of the examination questions by telephone, prepare an answer sheet, and instruct the student to do so, and to participate in the test supervision after the direction was given to the plaintiff's right, and the oral examination was conducted after the arrival of the test.

- Sports facility theory classes, regardless of the actual number of days of attendance, have been given to all students a full score of attendance, and sports industry theory classes have been granted a voluntary attendance score regardless of the number of days of absence.

- With the condition of the indoor cote delivery of approximately KRW 1.2 million to sports workers located in Chungcheongnam-si, 2015, as the condition that approximately KRW 1.2 million should be meta and spine.