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. After being appointed as a public educational official on March 23, 1989, the Plaintiff served as a teacher at B high school from March 1, 2012 to February 28, 2017, and at C middle school from March 1, 2017 to March 31, 2017.
B. On December 28, 2016, the Plaintiff was indicted for violating the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act, etc.) by the Jinwon District Court’s Jinwon Branch on the following facts: (a) the Jinwon District Court rendered a judgment ordering the Plaintiff to provide community service for 200 hours and attend sexual assault treatment for 40 hours on March 28, 2017, upon finding the Defendant guilty of the instant criminal facts on March 28, 2017; and (b) the Jinwon District Court’s Jinwon Branch rendered a judgment ordering the Plaintiff to be convicted of the instant criminal facts on March 28, 2017.
Although the plaintiff appealed against this, the appeal was dismissed, and the judgment became final and conclusive as it is.
C. On March 31, 2017, the Defendant issued a disciplinary measure against the Plaintiff pursuant to Article 7(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 63(1) of the State Public Officials Act (hereinafter “instant measure”), on the ground that the Plaintiff violated the grounds that the instant disciplinary measure was imposed on the Plaintiff due to the instant criminal facts (hereinafter “instant disciplinary measure”).
On April 21, 2017, the Plaintiff dissatisfied with the instant disposition and filed a petition review with the Teachers’ Appeal Committee. However, on June 21, 2017, the Teachers’ Appeal Committee rendered a decision to dismiss the Plaintiff’s petition review. The Plaintiff was notified of the said decision on July 6, 2017.
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1, 7, and 8, and purport of the whole pleadings
2. Attached Form 3 of the relevant Acts and subordinate statutes;
3. Whether the instant disposition is lawful
A. The purport of the Plaintiff’s assertion is that the disposition of this case deviates from and abused discretionary authority when taking into account the following grounds.