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(영문) 대구지방법원 2018.12.19 2018구합21783

정직처분취소

Text

1. The Defendant’s disposition of suspension from office (three months) against the Plaintiff on January 24, 2018 shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On March 1, 200, the Plaintiff was newly appointed as a new high school health teacher at the Gyeonggi-do Office of Education on March 1, 2000, and was transferred to the Daegu Metropolitan Office of Education (hereinafter “Tgu Office of Education”) on March 1, 2006, and served in C secondary schools from March 1, 2016, and served in D middle schools from March 1, 2018.

B. The Defendant’s demotion 1) C Middle School Superintendent (hereinafter “School Superintendent”) is limited to the Plaintiff’s demotion.

) On May 23, 2016, the Daegu District Office of Education (hereinafter referred to as the "Dongbu District Office of Education") shall be the Dong District Office of Education.

(2) The Daegu Office of Education and the Dong Office of Education have audited the Plaintiff from June 3, 2016 to July 19, 2017.

3) On August 20, 2017, the Defendant is subject to the general disciplinary committee of the Daegu Office of Education (hereinafter “general disciplinary committee”) on August 20, 2017.

the Plaintiff’s attached Form

1. The Plaintiff demanded a resolution of “serious disciplinary action” on the ground that he/she violated good faith, duty of obeyment, and duty of prohibition of escape from work, such as the grounds for disciplinary action (hereinafter “instant misconduct”).

4) On September 20, 2017, the General Disciplinary Committee resolved a disciplinary action against the Plaintiff as “tuition, etc.” Accordingly, the Defendant made a disposition of demotion against the Plaintiff on September 29, 2017. (c) The Plaintiff dissatisfied with the said disposition of demotion, and filed a petition review with the Appeal Commission for Teachers on September 29, 2017.

2) On January 24, 2018, the Appeal Committee for Teachers rendered a decision to change the disposition of demotion to the Plaintiff as follows for three months of suspension from office (hereinafter referred to as “instant disposition”) (i.e., a change in the disposition of suspension from office for three months following the determination of change by the Appeal Committee for Teachers among the disposition of demotion that the Defendant rendered to the Plaintiff on September 29, 2017.

(2) On September 29, 2017, the Superintendent of an Office of Education of the Daegu Metropolitan City changed the disposition of demotion issued to the Plaintiff on September 29, 2017.

- Grounds for disciplinary action