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(영문) 서울행정법원 2016.04.01 2015구합62231

교원징계결정처분취소

Text

1. On April 23, 2015, the Defendant rendered a revocation of revocation of dismissal between the Plaintiff and the Intervenor joining the Defendant.

Reasons

1. Details of the disposition;

A. The Intervenor joining the Defendant (hereinafter “ Intervenor”) served as a teacher at Chigh School operated by the Plaintiff from March 1, 1992 to March 1, 1992, and from April 2, 2012 to February 2, 2014, C High School teachers and staff (excluding fixed-term teachers and contractual employees) were in the position of the Chigh School E-Class.

B. On December 26, 2014, Chigh School Teachers’ Disciplinary Committee (hereinafter “Chigh School Teachers’ Disciplinary Committee”) used friendship membership fees paid by friendship members (hereinafter “the instant friendship membership fees”) in personal account while managing the same in the name of an individual’s account while serving as the president of friendship, and thus, the Intervenor’s act constitutes embezzlement of public funds. This constitutes “The Intervenor’s act constitutes embezzlement of public funds.” The Intervenor’s act constitutes “the type of misconduct in breach of good faith (i.e., embezzlement, misappropriation, occupational breach of trust) and breach of duty of integrity in attached Table 1 of the Rules on Disciplinary Action on Public Educational Officials, etc., and constitutes cases where the degree of misconduct is severe and higher than gross negligence,” and the Plaintiff dismissed the Intervenor on January 6, 2015

(hereinafter “instant dismissal disposition”). C.

On February 3, 2015, an intervenor filed a petition review with the Defendant seeking revocation of the instant dismissal disposition, and the Defendant rendered a decision to revoke the instant dismissal disposition on April 23, 2015 on the following grounds:

(hereinafter referred to as “the instant decision”). The instant friendship fee is the money created for the purpose of personal friendship activities only for the faculty members who have joined the friendship club established for the purpose of friendship among the faculty and staff members, and is not the property managed by the school foundation or the accounts for school expenses, not the money paid for the purpose of education and research.

Therefore, the membership fee of this case is not a public fund.

The purpose of the instant friendship membership fee is not a strictly limited fund, and the Plaintiff does not specify the amount that the Intervenor embezzled.

An intervenor shall be a friendship member at the time of executing the act of friendship.