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(영문) 서울행정법원 2018.04.20 2017구합5485

파면처분취소 및 직위해제처분 무효

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1. All of the plaintiff's claims are dismissed.

2. The costs of the lawsuit shall include the costs incurred by the supplementary participation.

Reasons

1. Details of decision on the petition examination;

A. The Plaintiff was appointed as an associate professor of C University on March 1, 2008 and served as an associate professor of C University policy, law, and law, since the Plaintiff promoted as an associate professor on September 1, 2013.

B. The first disciplinary decision against the Plaintiff 1) C University conducted a fact-finding survey on civil petitions that the Plaintiff had sexual harassment from August 12, 2015 to August 23, 2015, and constituted the Sexual Violence Prevention and Treatment Committee (hereinafter “instant Committee”).

(2) On October 2, 2015, the instant commission conducted a fact-finding on the Plaintiff’s suspicion of sexual harassment from August 20, 2015 to September 24, 2015, and requested the Seoul Northern District Prosecutors’ Office to investigate whether the Plaintiff was indecent act by compulsion of D, which is an assistant teacher and employee of the same department, to the Seoul Northern District Prosecutors’ Office.

3) Following April 12, 2016, when the Plaintiff was indicted on the charge of the crime that the Plaintiff committed indecent act by compulsion against D on April 12, 2016, the instant commission requested the president of Cuniversity to take disciplinary action against the Plaintiff on June 2016, and the president of Cuniversity requested the Defendant’s Intervenor to the Defendant (hereinafter “ Intervenor”) on June 23, 2016 following deliberation by the Teachers Personnel Committee.

(4) On July 11, 2016, an intervenor proposed a resolution on a disciplinary action against the Plaintiff. Accordingly, on the ground that a disciplinary action against the Plaintiff was requested on August 11, 2016, the Intervenor released the Plaintiff from his position pursuant to Article 58-2(1)2 of the Private School Act and Article 44(1)2 of the Intervenor’s Articles of incorporation.

5) On August 31, 2016, the intervenor thereafter filed a petition with the Defendant seeking revocation of removal and confirmation of invalidity of removal from position on September 5, 2016, following the resolution of the teachers’ disciplinary committee: ① indecent act against D; ② act of indecent act against D; ③ act of without access to D; ③ act of false access to school-related persons; ④ act of sexual harassment against students; and ④ act of sexual harassment against students. The Plaintiff filed a petition seeking revocation of removal and confirmation of invalidity of removal from position. The Defendant was removed on November 9, 2016.