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(영문) 광주고등법원 2016.11.10 2015누7622

직위해제처분 및 정직처분 취소청구의 소

Text

1. Revocation of a judgment of the first instance;

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

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the instant disposition

A. On August 19, 2002, the Plaintiff was appointed as a full-time lecturer at the department of medicine at the college of B as of August 19, 2002, and was promoted as an associate professor on October 1, 2004, as of October 1, 2008, as associate professor on October 1, 2008, as of October 1, 2013, and as of October 1, 2013.

B. Around April 2013, some majors of the B University Hospital filed a civil petition with the Anti-Corruption and Civil Rights Commission relating to the Plaintiff’s suspicions of unfair operation of personnel expenses and of unfair use of the fund operation passbook (classroom and parliamentary room). The Anti-Corruption and Civil Rights Commission transferred the above civil petition to the Ministry of Education. (ii) The Ministry of Education around January 22, 2014, the Plaintiff committed a wrongful act with the following contents. (iii) Around January 22, 2014, the Ministry of Education requested the Defendant to take heavy disciplinary action against the Plaintiff on the grounds that the case constitutes grounds for disciplinary action.

[Grounds for request for disciplinary action by the Department of Education] - The Department of Rehabilitation of the University Hospital: (a) received money and valuables of KRW 1,00,000,000 from a book-based design enterprise C, which has traded with the Department of Rehabilitation at the request of the principal professor on December 18, 2012, in the name of rehabilitation and operational expenses, etc.; (b) received money and valuables of KRW 18,000,000 from December 27, 2012 to January 12, 2013 from a medical device-related enterprise, etc. on 11 occasions; and (c) the Plaintiff was not paid KRW 18,00,000 from 0 to 300,000,000 from 10,000 to 300,000,0000,000 won from 10,000,000 won from 20,000 to 30,000,000 won from ;

C. The Defendant’s removal from position against the Plaintiff and the Plaintiff’s request for review of the appeal are the public educational officials of B University on June 17, 2014.