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(영문) 서울서부지방법원 2020.10.15 2019가합37397

해임처분무효확인 등

Text

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

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

Reasons

1. Basic facts

A. The defendant is a school foundation that establishes and operates C Middle Schools and D High Schools, and the plaintiff is a person who was newly appointed to C Middle Schools on March 1, 2005 and served as a school teacher.

B. On February 28, 2019, the Defendant demanded the Plaintiff to make a disciplinary resolution on the grounds of “Child Welfare (child abuse), the violation of the duty to maintain good faith, the violation of the duty to maintain good faith, the overseas travel procedure other than public duties, the implementation of leave, etc.,” and notified the Plaintiff of the reasons for requesting the said disciplinary resolution on the same day. On the same day, the Defendant released the Plaintiff from office on the ground that the said disciplinary resolution was required.

C. On March 21, 2019, the instant disciplinary committee held the first teachers’ disciplinary committee’ disciplinary committee on March 21, 201, and decided that “to secure materials related to the grounds for disciplinary action, to request the Plaintiff to submit the materials establishing the grounds for disciplinary action, and to supplement them through the Cmiddle School Teachers’ Personnel Committee by case.”

C Middle School Teachers Personnel Committee revised reasons for the Plaintiff’s request for a disciplinary decision on April 25, 2019, and the Defendant notified the instant Disciplinary Committee and the Plaintiff of the change of reasons for the request for a disciplinary decision on April 26, 2019.

(The grounds for the above changed disciplinary action are consistent with the grounds for the disciplinary action against the plaintiff).

On June 3, 2019, the instant Disciplinary Committee decided to dismiss the Plaintiff on the ground that the grounds as follows are recognized, and the Defendant rendered a dismissal disposition against the Plaintiff on June 5, 2019 (the date of dismissal, June 10, 2019).

(hereinafter “instant dismissal disposition”). A person to be disciplined violates his duty to maintain dignity as a teacher (hereinafter “grounds for disciplinary action”), according to each serial number, has a high ethical awareness as a teacher.

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