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(영문) 서울고등법원 2017.05.12 2016누46832

교원징계재심결정처분취소

Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. Aid by intervention from among the total costs of the lawsuit.

Reasons

1. The grounds for this part of the judgment of the court of first instance are the same as those for the corresponding part of the judgment, and thus, they shall be quoted pursuant to Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. If the whole purport of the pleadings is added to each of the statements in Gap evidence 52, 54 and Eul evidence 6 after the trial by this court, the following facts may be acknowledged:

On July 12, 2016, the agent of the Intervenor B’s Intervenor B (hereinafter “ Intervenor”) filed a motion to recommend the conciliation with the Intervenor, accompanied by the written agreement between the Plaintiff and the Intervenor on July 8, 2016, and submitted a written opinion to the effect that the Defendant’s Intervenor B (hereinafter “ Intervenor”) would receive “decision of recommending conciliation”.

① The Intervenor revoked the instant disposition of removal against the Plaintiff, and the Plaintiff resigned as of September 1, 2014, and the resignation shall substitute for this Agreement.

② The Plaintiff withdraws the instant lawsuit within seven days from the time the decision of recommending conciliation under paragraph (3) becomes final and conclusive, and the Intervenor consents thereto.

(3) This Agreement shall confirm that it takes effect only when it makes a decision to recommend mediation in the full bench of the case in question.

(4) Costs of lawsuit shall be borne by each person.

B. On October 5, 2016, this Court recommended the Parties to coordinate the following contents:

Recommendations for Mediation

1. If the Plaintiff submits a letter of resignation that he/she would resign from the position of an assistant professor of the Intervenor as of September 1, 2014, the intervenor shall revoke the disposition of removal of the Plaintiff from office against the Plaintiff.

2. After the intervenor rendered a disposition under Paragraph 1, the plaintiff immediately withdraws the lawsuit of this case, and the defendant and the intervenor agree thereto.

3. The total cost of a lawsuit shall be borne individually by each party.

C. On October 4, 2016, the Plaintiff submitted a resignation letter to the Intervenor on September 1, 2014, and on October 10, 2016, the Intervenor submitted a written acceptance of the recommendation for conciliation to this court. 2) On October 2016, the Intervenor revoked the instant disposition of removal on or around October 2016, and on October 2016. < Amended by Presidential Decree No. 27577, Oct. 1, 2016>