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(영문) 제주지방법원 2019.08.29 2018가합12359

근로에관한 소송

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On September 1, 2011, the Defendant operated the Jeju School Jeju Campus (hereinafter “instant school”). From July 21, 2017, the Plaintiff served as a teacher for the elementary school course of the instant school from the date of Seopopoposi.

The Plaintiff, around 10:30 on May 2, 2018, was engaged in the course of social subjects in the classroom of the instant school G5A (first grade 5), and the student E (hereinafter “victim E”) did not engage in any activity in accordance with the Plaintiff’s instruction, but did not engage in any activity in the Plaintiff’s instruction, confiscated the said computer, and entered the class with due care for the damaged student as a corridor.

However, the injured student returned to the workplace and started to sound again “Ahy”, and even though the Plaintiff instructed the Plaintiff to do so, the said student failed to do so, and the Plaintiff moved the Plaintiff’s arms into the corridor by cutting the Plaintiff’s body behind the injured student who sited in the workplace, and in this process, the said student was out of the string of the said student.

(hereinafter referred to as “instant accident”) The Defendant issued a disciplinary dismissal order against the Plaintiff on the ground of the instant accident, and the Plaintiff requested reexamination.

On May 25, 2018, the Defendant issued a new trial on May 25, 2018, a disposition to order the Plaintiff to suspend duty for two months (no remuneration) and to exclude teachers from office, on the ground that the Plaintiff “it did not directly control the damaged students regarding the instant accident, but the physical power was used when entering the class against his/her will. Such behavior would impair the emotional and physical safety of students and would be contrary to school policies, and would at the time be contrary to school policies, and there was no signs of physical danger to other students and professors at the classroom, so the physical force used by the Plaintiff is not legitimate.”

(hereinafter referred to as “instant disposition”). [Grounds for recognition] There is no dispute, Gap evidence 2, and Eul No. 1, 2, and 1.