logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2013.10.10 2013구합66
해임처분취소
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 teacher on March 1, 2003 and served as a special teacher at B elementary school from March 1, 2007.

B. From June 14, 2009 to June 13, 2010, the Plaintiff temporarily retired from office on the grounds of depression. From June 14, 2010 to June 13, 201, the Plaintiff used annual leave on the grounds of traffic accidents for 12 days from June 14, 2010, and thereafter was on a traffic accident for 9 months from June 26, 201 to March 25, 201, and thereafter, the Plaintiff submitted an additional amount of temporary retirement from office for 3 months from March 26, 2011 to the expiration of the period of temporary retirement and reinstatement due to the extinguishment of the grounds for temporary retirement.

On June 26, 2011, the defendant appointed the plaintiff as a person temporarily retired from office.

C. From June 10, 201 to August 5, 2011, the Plaintiff filed an application for sick leave for 10 times in total by computer or mail (hereinafter collectively referred to as “instant sick leave”). At B elementary school, the Plaintiff continued to return the application for sick leave on the ground that it is the same disease as the cause of the Plaintiff’s temporary retirement. In other words, the Plaintiff was sent by telephone, text message, and content-certified mail for immediate reinstatement, and the Plaintiff did not continue to work.

On October 10, 201, the Defendant issued a disposition to dismiss the Plaintiff as of October 11, 201 pursuant to Article 78(1)1 of the State Public Officials Act (hereinafter “instant disposition”) on the ground that the Plaintiff was absent from office without permission for 46 days from June 26, 2011 to August 23, 201 and violated Articles 56, 57, and 58 of the State Public Officials Act.

[Ground of recognition] Facts without dispute, entry in Eul evidence Nos. 1, 12, 15, 16, 17, 21 (including paper numbers) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The instant disposition is null and void for the following reasons as asserted by the Plaintiff.

1. At the 1B elementary school, the plaintiff was not informed by telephone, etc. with regard to the treatment of reinstatement and sick leave, and a request for disciplinary decision and decision.

arrow