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(영문) 전주지방법원 2018.01.11 2016구합2769

해임처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On March 1, 1982, the Plaintiff was newly employed as an elementary school teacher and worked as a teacher for the beginning of the salary-line elementary school. From March 1, 2014, the Plaintiff worked as the principal of B elementary school.

At around 18:00 on October 24, 2015, the Plaintiff told the victim E (the 55 years old) who works as the above restaurant employee in the D restaurant located in Seojin-gu Seoul Special Metropolitan City, Seojin-gu as of October 24, 2015, the Plaintiff was refused by the victim (the 55 years old).

The Plaintiff continued to commit indecent acts by force against the victim, who francs and francs themselves at the end of the above phrase, in order to mislead the victim into being francs and francs, by saying, “In next, the victim francs and francs are limited to only the francs and next francsing to the end of the coffee,” and the victim francs and francs in the above restaurant cooling francs and next francs.

B. On July 18, 2016, the Defendant demanded a resolution of heavy disciplinary action against the Plaintiff to the General Disciplinary Committee of the Public Officials of Jeollabuk-do on the ground that the Plaintiff violated its duty to maintain dignity under Article 63 of the State Public Officials Act due to the following misconduct (hereinafter “instant misconduct”).

The General Disciplinary Committee on Public Educational Officials in Jeollabuk-do decided to dismiss the Plaintiff on July 27, 2016, and the Defendant dismissed the Plaintiff on August 1, 2016.

(hereinafter referred to as “instant disposition”). C.

On August 22, 2016, the Plaintiff appealed and filed an appeal review with the Appeal Commission for Teachers. However, on November 3, 2016, the said application was dismissed.

[Ground of Recognition] Unsatisfy, Gap evidence 1, 11 (including each number), Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's misconduct in this case is alleged by the plaintiff.