면직처분 취소 청구
1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On September 1, 2012, the Plaintiff was appointed as a professor at B University C Graduate Schools.
B. On May 11, 2013, the Defendant dismissed the Plaintiff on the ground that “the Plaintiff committed an indecent act against the sexual intercourse with a student on January 28, 2013.”
C. On September 9, 2013, the Plaintiff filed an appeal seeking revocation of a dismissal disposition with the Appeal Commission for Teachers, and the Appeal Commission for Teachers revoked the dismissal disposition against the Plaintiff on the ground of procedural defects. D.
On November 11, 2013, the Defendant requested the General Disciplinary Committee on Public Educational Officials at B University (hereinafter “Disciplinary Committee”) to take a disciplinary decision against the Plaintiff. On December 17, 2013, the said Disciplinary Committee decided to take a three-month disciplinary measure of suspension from office against the Plaintiff.
E. On December 24, 2013, the Plaintiff submitted to the Defendant a letter of resignation that is not written (hereinafter “instant letter of resignation”) despite the content that “the Plaintiff shall resign due to personal reason,” but did not indicate the date of preparation.
F. On January 6, 2014, the Defendant issued a three-month suspension disposition against the Plaintiff.
G. On January 8, 2014, the Plaintiff submitted to the Defendant a written withdrawal of intention of resignation stating that “I will cancel or withdraw the intention of resignation by the letter of resignation sent in blank with the date of preparation on December 24, 2013.”
H. The Defendant dismissed the Plaintiff from office on January 27, 2014.
(hereinafter referred to as “instant dismissal from office”)
In response to this, the Plaintiff filed an appeal review with the teachers’ appeals review committee, but the teachers’ appeals review committee dismissed the Plaintiff’s appeal on the ground that “the submission of the Plaintiff’s resignation cannot be deemed to be by force, and the withdrawal of the resignation cannot be allowed against the good faith principle.”
[Ground of recognition] The fact that there is no dispute, Gap's 1 through 5, Eul's 1, 4 through 8 (including each number), and the purport of the whole pleadings
2. Whether the instant lawsuit is lawful or not.