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(영문) 서울행정법원 2019.03.21 2018구합6423
교원소청심사위원회결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.

Reasons

1. Details of the petition review and decision;

A. An intervenor is a school foundation that establishes and operates C University, D High School, and E Middle School.

(B) A. The Plaintiff was appointed as D High School Teachers on September 1, 2011, and was transferred to E secondary schools on March 1, 2013, and was transferred to D High Schools on March 1, 2016.

(A) No. 3 and No. 1). The Plaintiff, who works as a teacher of the D High School under the Intervenor’s control, did not have the intent or ability to employ another person as Cuniversity faculty members, provided that on December 15, 2016, the Plaintiff would have the victim F, who is a senior student in the D High School’s office, teach with the intervenor, teach with the professor of C University, and employ the victim as Cuniversity faculty members. The Plaintiff received 100,000,000 won from the victim’s bank account in the name of the “G Night School,” the Plaintiff was transferred from the victim.

As a result, the Plaintiff received KRW 100,000 from the victim under the pretext that the Plaintiff would employ the victim as Cuniversity faculty members.

B. On December 18, 2017, the Plaintiff was prosecuted against the Seoul Northern District Court under the name of the fraud in relation to the following crimes (hereinafter “instant fraud”). On February 21, 2018, the said court rendered a judgment of conviction on the Plaintiff’s imprisonment with prison labor for eight months and suspended execution for two years (Seoul Northern District Court Decision 2018No459). The Plaintiff’s appeal against the said judgment (Seoul Northern District Court Decision 2018Do13946) and the final appeal (Supreme Court Decision 2018Do13946) were all dismissed, and the said judgment became final and conclusive on February 15, 2019.

(hereinafter collectively, the above criminal trial is collectively referred to as "the criminal trial of this case" (Evidence A 7, A 1, 2, B or 12-2, 3).

On February 26, 2018, the head of the D High School requested a disciplinary decision against the plaintiff in relation to the instant fraud, and the intervenor requested a disciplinary decision against the plaintiff on March 5, 2018 after the resolution of the board of directors.

A No. 3.

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