파면처분취소
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff was appointed as Cmiddle School Teachers on September 1, 1990, and the Plaintiff passed an open screening process for the 22nd educational service in 2010 and served as a bachelor’s degree from September 1, 201 to the head of the Office of Education.
B. On June 3, 2013, the Defendant of the disciplinary action against the Plaintiff demanded a resolution of heavy disciplinary action and disciplinary surcharge three times against the Plaintiff to the General Disciplinary Committee of Public Educational Officials. On July 26, 2013, the Defendant issued a disposition of imposition of two times (420 million won) and surcharge for disciplinary action (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff committed the following misconduct (hereinafter “instant misconduct”) and the Plaintiff violated Articles 48 (Duty of Good Faith), 53 (Duty of Integrity), and 55 (Duty of Integrity) of the Local Public Officials Act.
From January 1, 2011 to January 2, 2013, the Plaintiff, while serving as a school inspector for the head of the D Office of Education, was in charge of the task of evaluating issues in relation to the open screening process (hereinafter referred to as “open screening process”), for the 2011 and the 24th 2012, while serving as the school inspector for the head of the D Office of Education.
According to the provisions of Articles 48 and 53 of the Local Public Officials Act, all public officials shall observe Acts and subordinate statutes and perform their duties faithfully, and no public official shall receive directly or indirectly reward, donation or entertainment in connection with his/her duties.
In addition, pursuant to Article 55 of the Local Public Officials Act, a public official shall not engage in any act detrimental to his/her dignity, regardless of whether it is a matter of duty.
On the other hand, an open screening examination is a system that appoints an able human resources with professional ability and qualities as an educational professional through fair competition among applicants, and an examination is provided in advance by improper means, etc.