해임처분무효확인
1. It is confirmed that the Defendant’s dismissal on August 20, 2019 against the Plaintiff is null and void.
2. The costs of the lawsuit are assessed against the defendant.
According to the purport of the evidence Nos. 4-2 and 3-2 and the whole pleadings, the defendant is recognized to have taken a measure of dismissal (hereinafter “instant disciplinary measure”) on the ground that the Plaintiff’s act of having the students in charge of the Plaintiff prepare his/her living record book against the Plaintiff who is a teacher at C High School established and managed by the Defendant constitutes grounds for disciplinary action (violation of duty of good faith) (hereinafter “instant disciplinary measure”), such as Article 78 of the State Public Officials Act, Article 61(1) of the Private School Act, Article 65-2 of the Articles of Incorporation, etc.
The plaintiff asserts that the disciplinary action in this case is unlawful and invalid as a procedurally procedurally, and therefore, according to Article 62 (3) and (4) 3 of the Private School Act, the members of the teachers' disciplinary committee established in the school foundation shall be commissioned as teachers of the relevant school or outside members with expertise and expertise of the relevant school foundation, and the number of members of the relevant school foundation shall not exceed 1/2 of the total number of members. However, there is no dispute between the parties that three of five members of the teachers' disciplinary committee which has resolved the disciplinary action in this case is the defendant's director. Accordingly, the disciplinary action in this case is unlawful as it was deliberated and decided by the disciplinary committee which is established in violation of the provisions of the law.
If so, without examining the remaining arguments of the plaintiff, the disciplinary action of this case is null and void, so it is decided as per Disposition by accepting the plaintiff's claim.