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(영문) 부산지방법원 2018.08.23 2018구합20147

감봉처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff was newly appointed as a secondary school teacher on March 1, 1987, and was a public educational official from March 1, 2016 to February 28, 2017, who served as the principal of C secondary school from February 1, 2016 to March 1, 2017 and served as the principal of D secondary school from March 1, 2017.

B. On December 19, 2016, the Busan Metropolitan Office of Education received a civil petition regarding the Plaintiff’s strong instructions, personality consciousness, etc., investigated the above facts from December 28, 2016 to January 12, 2017, and requested a resolution of heavy disciplinary action against the Plaintiff to the Busan Metropolitan Office of Education General Disciplinary Committee on Public Educational Officials (hereinafter “Disciplinary Committee”) on June 13, 2017.

C. On June 29, 2017, the Disciplinary Committee passed a decision on the reduction of salary for three months against the Plaintiff on the following grounds, and accordingly, on July 12, 2017, the Defendant rendered a disposition of reduction of salary for three months against the Plaintiff.

① The Plaintiff abused authority to employ fixed-term teachers, etc. (hereinafter “Disciplinary Reason 1”), at the meetings of the head of C Middle Schools, etc., the Plaintiff mentioned several times that “A fixed-term teachers working for C Middle Schools need not be employed again,” and the head of the school affairs department notified two fixed-term teachers whose contract expires on December 31, 2016, of the prohibition on the recruitment of part-time lecturers on February 2, 2017, thereby preventing C middle school fixed-term teachers from supporting the recruitment of part-time lecturers.

On November 10, 2016, the Plaintiff: (a) established a “Cmiddle School Contract Employment Plan (Health)” on November 10, 2016; (b) ordered changes in the detailed employment plan, such as the standards for grading on the day, the method of selecting final successful applicants, etc. on November 23, 2016; (c) infringed the rights of fixed-term teachers by abusing authority to employ fixed-term teachers; and (d) damaged fairness in the affairs of employing fixed-term teachers

② The Plaintiff violated the Act on the Prohibition of Discrimination against Persons with Disabilities and the Remedies for Infringement of Rights, Etc. (hereinafter “Disciplinary Reason 2”) forced a special teacher to send a middle-school student with severe disabilities to a special school and implement the same.

(3)