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(영문) 서울행정법원 2016.02.26 2015구합79888
해임처분취소청구 기각결정 취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.

Reasons

1. Details of the disposition;

A. On March 1, 2004, the Plaintiff was appointed as the professor of the East Department of C University operated by B on March 1, 2004.

B. B held a teachers’ disciplinary committee and dismissed the Plaintiff on April 30, 2015 on the grounds of disciplinary reasons, such as the act of sexual assault against D, etc., as indicated in the attached Form.

(hereinafter “instant disciplinary action”). C.

On May 27, 2015, the Plaintiff filed a petition review with the Defendant seeking the revocation of the instant disciplinary action, but the Defendant dismissed the Plaintiff’s petition on August 12, 2015.

(hereinafter “Disposition in this case”). [Grounds for recognition] The fact that there is no dispute, entry of Gap’s evidence Nos. 1 through 3, the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) based on the reported materials, etc. held by C University Committee for Countermeasures against Sexual Harassment and Sexual Assault, the Plaintiff requested a disciplinary proceeding after the completion of the vindication of his/her disciplinary charges. However, the Plaintiff’s disciplinary action was erroneous in the process because B neglected the Plaintiff’s request. (2) The instant disciplinary action was deprived of teachers’ status, and thus, was excessively harsh compared to the grounds for the disciplinary action, and was abused and abused by discretionary authority.

B. Determination 1) In addition to the overall purport of the pleadings in the statement Nos. 1 through 17 regarding procedural illegality, the fact that D reported on December 24, 2014 to the Committee on Countermeasures against Sexual Harassment and Sexual Violence at C University to the effect that the Plaintiff was forced to engage in indecent act by force (the fact that the actual report was recognized and the case was reported and the case was reported to the C University East E. of the C University.

(2) On December 31, 2014, the C University Committee on Sexual Harassment and Sexual Violence held the first Countermeasure Committee and confirmed D’s requirements, and notified the Plaintiff of his/her access to the victim and his/her text message. On January 2, 2015, the Plaintiff’s vindication (the Plaintiff denies physical contact and recognized sexual harassment) by holding the second Countermeasure Committee on January 2, 2015.

the report shall be made by indecent act by indecent act.

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