해임처분무효확인 등 청구의 소
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
The defendant is a school juristic person operating C University.
On September 1, 2007, the Plaintiff was appointed as an associate professor at the graduate school of C University management, and was promoted as professor on October 1, 2013. From February 1, 2015 to January 31, 2016, the Plaintiff was appointed as the senior professor of EMBA program at the graduate school of the above management.
D is a student of the EMBA program at C University Business School, and was in charge of the Vice-Chairperson of EMBA Council from 2016 to 1 semester from 2017, and was closed in 1 semester in 2017.
On August 22, 2017, D reported to the effect that “the Plaintiff was subject to sexual harassment and sexual indecent act from the Plaintiff” to the Gender Equality Council of C University (hereinafter “Juvenile Equality Center”) and reported to the effect that “the Plaintiff was subject to sexual harassment and sexual indecent act” on September 20, 2017, the C University Sexual Violence Prevention and Treatment Committee (hereinafter “Sexual Violence Committee”).
The Gender Equality Center had an interview with the Plaintiff, D, and witness from August 2017 to November 2017 to conduct a basic investigation.
On December 21, 2017, the Sexual Violence Commission decided to refer the Plaintiff to C University Teachers’ Disciplinary Committee (hereinafter referred to as “Disciplinary Committee”), and notified the Plaintiff of the deliberation of the Sexual Violence Committee and the results of its treatment on January 22, 2018.
The defendant chief director notified the plaintiff on February 9, 2018 that he was released from his position as of February 12, 2018, and suggested the following reasons for the request for disciplinary punishment and the summary of the disciplinary reasons.
A statement of reasons for request for disciplinary action
1. Where he/she commits any verbal sexual harassment that may cause a victim student, who is a graduate student of the principal school, to feel sexual humiliation or aversion, under Article 61 (1) 3 of the Private School Act, and conducts any speech that constitutes an indecent act on the basis of circumstantial evidence and the statement of a victim student, and damages the teacher's dignity;
3. The summary of the grounds for the disciplinary action ① The plaintiff is a clerical error in the 16th of October, 24, 16.