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(영문) 인천지방법원 2017.04.14 2016구합53801
직위해제처분 취소청구
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 September 9, 1996, the Plaintiff was appointed as a full-time lecturer in science education at B University and served as an associate professor and associate professor from September 1, 2009.

B. The Defendant determined that “the Plaintiff committed each misconduct listed in the separate sheet No. 1 and such an act shall comply with the relevant statutes and faithfully perform his/her duties,” and that “the Plaintiff shall not commit any act detrimental to his/her dignity, regardless of whether it is a duty of good faith and duty of good faith under Article 56 of the State Public Officials Act,” and demanded a resolution of heavy disciplinary action against the Chairperson of the Teachers General Disciplinary Committee on March 29, 2016.

C. On March 29, 2016, the Defendant removed the Plaintiff from office (hereinafter “instant removal from office”) on the ground that a resolution of disciplinary action corresponding to removal, dismissal, demotion, or suspension from office was requested pursuant to Article 73-3(1)3 of the State Public Officials Act.

On April 28, 2016, the Plaintiff filed a petition for review to revoke the removal from office to the Teachers' Appeal Committee. However, on June 29, 2016, the Teachers' Appeal Committee dismissed the Plaintiff's petition on the ground that "the Plaintiff is likely to be subject to disciplinary action falling under removal, dismissal, demotion, or suspension from office when the Plaintiff appears to the extent of misconduct listed in the separate sheet No. 1, and forced the Plaintiff to be investigated by the police (the case in which the Plaintiff’s improper statement was taken out from the student who recorded his cell phone with his cell phone with his cell phone) was sent to the prosecution as a prosecution opinion."

E. Meanwhile, a disciplinary procedure against the Plaintiff is conducted after the removal from the position of the instant case.

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