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(영문) 수원지방법원 2019.04.18 2018구합71954
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. On March 1, 1989, the Plaintiff was newly appointed as a teacher of B High School and served as Chigh School Teachers from March 1, 2015.

On December 2016, the Plaintiff committed indecent act by force by force by force, using the gaps in which other people are equipped with the victim E, according to the victim’s view. On June 17, 2017, the Plaintiff used the gap in the F camping site in which the participants talk in a successive manner, and used the gap in the part of the victim G with the victim’s own hand.

When a public official of the Republic of Korea intends to concurrently hold another office, he/she shall obtain prior permission from the head of the agency to which he/she belongs, but a discipline accused person worked for two years as a director of social cooperative H (hereinafter “instant association”) without obtaining permission to hold a concurrent office from August 2015 to September 2017.

B. On December 5, 2017, the Defendant demanded a resolution of heavy disciplinary action against the Plaintiff to the Gyeonggi-do General Disciplinary Committee on Public Educational Officials on the ground that the Plaintiff committed the following acts (hereinafter “instant disciplinary action”), and each disciplinary cause violates Articles 63 (Duty to Maintain Dignity) and 64 (Prohibition of Good Offices) of the State Public Officials Act (hereinafter “Disciplinary Action”).

C. The Gyeonggi-do General Disciplinary Committee on Public Educational Officials decided to dismiss the Plaintiff on April 25, 2018, and the Defendant dismissed the Plaintiff on May 9, 2018.

(hereinafter “instant disposition”) D.

On May 29, 2018, the Plaintiff filed an appeal review with the Appeal Commission for Teachers, but was dismissed on August 8, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 8, Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. As to the grounds for disciplinary action against the Plaintiff’s assertion 1, the victims intend to withdraw from the association of this case.

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