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(영문) 춘천지방법원원주지원 2015.09.10 2015가합5442

임용취소 처분 무효 확인 청구

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff applied for the public recruitment of the administrative staff of the CV High School established and operated by the Defendant, and passed June 21, 2010, and was appointed as the administrative staff on July 1, 2010.

(hereinafter “instant appointment contract”). B.

On April 11, 2014, D, the president of the Defendant, was sentenced to eight months of imprisonment with prison labor from the Chuncheon District Court on the ground of the crime of taking property in breach of trust (2014No566), and the above judgment became final and conclusive on April 19, 2014.

(A) On June 24, 2010, the Plaintiff’s mother who applied for the examination for the recruitment of employees of the administrative office of the said school, received an illegal solicitation from G to the effect that “I will pay money under the name of the Development Fund if I would like to pass the Plaintiff.” On June 24, 2010, D received KRW 20 million totaling KRW 50,000 from G from the above president’s office of the said president on June 24, 2010.

C. Upon the above judgment became final and conclusive, the Gangwon-do Office of Education investigated the Defendant’s personnel expenses doctrine from June 17, 2014 to July 2, 2014, and sent a letter to the Defendant on July 31, 2014, stating that “The appointment of the Plaintiff was revoked and the result was reported.”

On August 1, 2004, the Plaintiff submitted a written resignation to the Defendant. However, on August 14, 2014, the Defendant held a board of directors and resolved to revoke the appointment of the Plaintiff. On August 31, 2014, the Plaintiff revoked the appointment of the Plaintiff.

(hereinafter referred to as the “instant revocation of appointment”). (e)

On September 19, 2014, the Plaintiff filed a petition for review with the Defendant’s Review Committee seeking the revocation of the instant revocation of appointment. However, the said Review Committee on November 7, 2014.