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(영문) 창원지방법원 2015.12.15 2015구합22576
견책처분취소
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 27, 1984, the Plaintiff is a person who was appointed as an affiliated kindergarten teacher at B elementary schools, and was in office as the principal superintendent of a kindergarten annexed to C elementary schools (hereinafter “instant kindergarten”) from March 1, 2013.

B. On December 18, 2014, the Jinju Police Station investigation and the intelligence investigation team requested the auditor room of the Jinju-do Office of Education to “information on and cooperation with the head of the Jinju C Elementary School”. On January 29, 2015, the auditor room of the Jinnam-do Office of Education conducted a civil petition investigation related to the above request (hereinafter “instant civil petition investigation”).

C. According to the result of the instant civil petition investigation, the Defendant requested the ordinary disciplinary committee of the Gyeongnam-do to make a disciplinary resolution against the Plaintiff. On May 7, 2015, the Defendant issued a disciplinary disposition against the Plaintiff on the ground that “The Plaintiff violated Article 61 (Duty of Integrity) of the former State Public Officials Act (amended by Act No. 13288, May 18, 2015; hereinafter the same shall apply) by granting money and valuables equivalent to KRW 100,000 to C elementary school principal D around June 2014, according to the resolution of the said disciplinary committee (Article 78(1) and 78-2(2) of the former State Public Officials Act).”

(hereinafter “instant disposition”) D.

On May 29, 2015, the Plaintiff dissatisfied with the instant disposition and filed a petition review with the Teachers’ Appeal Committee. However, the said petition review was dismissed on August 26, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 4 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s instant disposition is unlawful for the following reasons.

1. Around June 2014, the Plaintiff paid KRW 100,000 to D, which is a five group of five teaching staff members of the kindergarten of this case, including the Plaintiff, to D, for each member of the five teaching staff members of the kindergarten of this case, who is a five group of teachers of the kindergarten of this case, and provided a ten thousand won of each member to D, and the above KRW 100,000,000,000,000.

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