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(영문) 부산고등법원 2017.05.12 2016재누55
해임처분취소
Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, and.

Reasons

1. The developments leading up to the instant disposition and the following facts are apparent in the records.

1) On March 1, 2003, the Plaintiff was newly appointed as a special teacher at H elementary school. On March 1, 2006, the Plaintiff was transferred to a special teacher at I elementary school on March 1, 2007, and was transferred to a special teacher at B elementary school on March 1, 2007. 2) The Plaintiff was on a disease due to an depression for one year from June 14, 2009 to June 13, 2010, and the Plaintiff was on an annual leave of absence from office on the ground of traffic accident from June 14, 2010 to 12 days from June 26, 2010 to March 25, 2011, and was on an annual leave of absence from office for three months (from March 26, 2010 to March 26, 2011 to June 25, 201).

After May 26, 2011, the Plaintiff submitted the restoration to the original state due to the expiration of the period of temporary retirement and the extinguishment of the grounds for temporary retirement, and the Defendant appointed the Plaintiff from the temporary retirement of disease on June 26, 201.

3) From June 10, 201 to August 5, 2011, the Plaintiff filed an application for sick leave on the grounds of symptoms, saliva, saliva, etc. (hereinafter collectively referred to as “instant sick leave application”) after being cerebralized up to ten occasions in total by computer or mail.

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

B. Although the Plaintiff filed a lawsuit against the Defendant seeking revocation of the instant disposition, the Seoul District Court 2013Guhap666, the said court’s claim against the Plaintiff on October 15, 2013.

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