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(영문) 춘천지방법원강릉지원 2017.04.04 2016가합50279

해고무효확인

Text

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

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

Reasons

1. Basic facts

A. On March 1, 1982, the Plaintiff became an educational foundation under the Private School Act that established and operated C secondary schools for the purpose of providing secondary education on December 12, 1968.

B. On May 3, 2015, the employees of the administrative office of C secondary and high schools reported the Plaintiff to the Inspector Office of Gangwon-do Office of Education on the grounds that “the Plaintiff was able to close down his/her house on the grounds that he/she was going to cross his/her business inside and outside,” and on May 28, 2015, four of the employees of the above administrative office were jointly signed by the Gangwon-do Office of Education to request an audit of the Plaintiff to the Gangwon-do Office of Education. (2) On June 3, 2015, the Inspector Office of Education of Gangwon-do notified the Defendant that he/she will conduct an on-site audit of the overall operation of schools and corporations, and conducted an on-site audit from June 8, 2015 to June 17, 2015.

3) On July 8, 2015, the Inspector General of the Gangwon-do Office of Education requested the Defendant to take a heavy disciplinary measure against the Plaintiff on the grounds of the Plaintiff’s suspicion of misconduct, such as receiving money and valuables and improper accounting. 4) On August 3, 2015, the Defendant held a teachers and staff disciplinary committee to decide on two-month disciplinary measure of suspension from office against the Plaintiff (hereinafter “instant disposition of suspension from office”) (the Plaintiff submitted explanatory materials and did not attend the disciplinary committee), and on August 7, 2015, notified the Gangwon-do Office of Education of the result of two-month disciplinary measure of suspension from office against the Plaintiff to the Auditor General of the Gangwon-do Office of Education.

5) On August 10, 2015, the Inspector Office of Education of Gangwon-do requested the Defendant to re-examine the Plaintiff’s disciplinary deliberation. However, on August 11, 2015, the Defendant notified the Plaintiff of the result of the instant suspension from office (from August 7, 2015 to October 6, 2015). Since then, the Defendant re-written August 18, 2015.

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