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(영문) 광주고등법원 2019.07.11 2018누5375
해임처분취소 등
Text

1. Revocation of the first instance judgment.

2. The Defendant’s dismissal disposition against the Plaintiff on June 9, 2017 is revoked.

3...

Reasons

1. Details of the disposition;

A. The Plaintiff was appointed as a full-time lecturer on March 1, 2005 at B University, and was promoted as an associate professor on April 1, 2007 and an associate professor on April 1, 201, respectively.

B. On June 9, 2017, the Defendant: (a) deemed that the Plaintiff violated Articles 56 (Duty of Fidelity) and 63 (Duty of Maintenance of Dignity) of the State Public Officials Act according to the notification of the result of the disposition of the offense committed by public officials of the Gwangju District Public Prosecutor’s Office on January 18, 2016; and (b) issued a disciplinary measure to dismiss the Plaintiff upon the resolution of the General Disciplinary Committee of the National Public Officials Act pursuant to Article 78(1)1 and 3 of the State Public Officials Act (hereinafter “instant measure”).

On May 2014, the Plaintiff paid KRW 2,390,00,00 for the total labor cost of two subjects awarded from the Korea Research Foundation to B University Computer Engineering, E and doctorate course students F, who are graduate students themselves directed at the office of the industry-academic cooperation foundation located in Yong-Naman-gun, Chungcheongnam-gun, Seoul, as if the Plaintiff paid KRW 1,720,80,00 for the total labor cost of two subjects awarded from the Korea Research Foundation (H) and from the Information and Communication Industry Promotion Agency (J). As such, the Plaintiff filed a false application for the payment of labor cost of student researchers to the victim K and L, as the Plaintiff paid KRW 1,720,80 for the total labor cost of the above two subjects.

However, the plaintiff plans to pay 80,000 won to E and F, and 60,000 won to K and L respectively as personnel expenses, and there was no intention to pay 2,390,000 won or 1,720,800 won to the above students.

Around May 2014, the Plaintiff, by deceiving the staff in charge of the victim industry-academic cooperation foundation, was paid KRW 2,390,000 to E and F’s new bank account in the name of E and F, and KRW 1,720,80 to K and L’s new bank account in the name of L, and was returned to E, and paid KRW 80,000 in cash to E and F, and KRW 60,000 in cash respectively.

In addition, the Plaintiff from March 2010 to October 2015.

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