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(영문) 대구고등법원 2021.01.15 2020누3435
보직해임 처분 취소
Text

The judgment of the first instance shall be revoked.

2. The Defendant’s disposition of dismissal of a position made to the Plaintiff around March 15, 2019 is revoked.

3...

Reasons

1. Details of the disposition;

A. From December 13, 2017 to December 13, 2017, the Plaintiff served as the head of a group B of the 50 Bos Disease Association.

B. On March 6, 2019, the victim D (hereinafter “victim”) of the injury and disease in C company: (a) went to a toilet around February 14:0, 2019; and (b) entered the room for living; (c) and (d) without any thoughts, the Plaintiff called the straw strawls; and (d) placed the Plaintiff on the buckbbbbbbs, distributions, and chests on the buck and caused sexual humiliation. The Plaintiff submitted a written statement to the C company chief, stating that “I am suffering from the string, while entering the room,” and “I am “I am going to the straw strawls, while I am going to the string, I am to the string.”

(c)

On March 15, 2019, the Defendant, without going through a resolution of the committee for deliberation on the dismissal of a new position, assigned the Plaintiff in advance (hereinafter referred to as “instant disposition”) to serve at the next supplementary stand.

(d)

On March 20, 2019, the Defendant’s deliberation committee on the dismissal of the assigned position decided on the dismissal of the assigned position against the Plaintiff with the following content, and the Defendant notified the Plaintiff on March 22, 201.

The facts of misconduct: The plaintiff was found to be "I see why the victim's sound "I am roller" and entered the living room," and the victim was "I see why I am in the living room."

“In response, the victim is placed on the adjacent bed, and the victim is placed on the bed, and the buckbucks, sucks, and chests are placed on the bed, and the victim is placed on the bed, and the victim is placed on the bed and placed on the bed.

Doz.

Doese

The victim complained of sexual humiliation and stress due to his or her great sexual play and bullying on the ground that he or she was sexually ill in the past. The reason for dismissal of a position is that the victim complained of sexual humiliation and stress. The reason for dismissal of a position: (a) the reason for disciplinary action and the content of the decision meeting the criteria for determination of disciplinary action under Article 58-2(2) of the Land Regulation 110 of the School Personnel Management Regulations: In consideration of the frequent behavior of soldiers, the location of the occurrence of the case is located on the boundary operation line.

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