교원소청심사위원회결정취소
1. On June 25, 2014, the Defendant’s motion for revocation of a disposition of suspension from office between the Plaintiff and the Intervenor joining the Defendant on two-month basis.
1. Details of the review and decision;
A. The Plaintiff is a school foundation that establishes and operates C University.
On March 1, 2004, the Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) was appointed as a full-time lecturer in the literature and information department at C University on March 1, 2004 and served as an associate professor on March 1, 2010.
The C University Professors Council (hereinafter referred to as the "Professor Council") was established on March 1, 2013, and was elected by D as the chairperson and vice-chairperson respectively.
B. From November 28, 2013 to January 23, 2014, the Plaintiff’s teachers’ disciplinary committee convened 14 times as to disciplinary action against the Intervenor, etc., and decided on January 27, 2014 to suspend the Intervenor from office for two months as follows (hereinafter “instant disciplinary action”) and the Plaintiff issued two-month disciplinary action against the Intervenor on February 5, 2014.
(1) The chairman of the Teaching Council spreads false facts or unafford facts outside the school through the name of the Teaching Council under the name of the Teaching Council. The Intervenor, as Vice-Speaker of the Teaching Council, aided the acts of spreading, such as the aforementioned false facts, violated the duty of loyalty under Article 56 of the State Public Officials Act applied mutatis mutandis pursuant to Article 55 of the Private School Act.
(hereinafter “Disciplinary Reason 1”) 2. The president of the Teaching Council violated his/her duty of neutrality while operating a council of delegates and a general meeting in order to draw the conclusion as he/she intended. As a vice-chairperson of the Teaching Council, the Intervenor assisted the act of violating the duty of neutrality as the president of the Teaching Council, and breached his/her duty of neutrality by acting as the president of the Teaching Council, the board of representatives and the general meeting of the Teaching Council on behalf of the president or acting as
(hereinafter “Disciplinary Reason 2”. 3. The Chairman of the Teaching Council disseminated a letter of name, etc. which contains only some professors’ opinions using the name of the Teaching Council, and the Intervenor.