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(영문) 대전지방법원 2015.06.24 2013구합101981
해임처분취소
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 1, 1989, the Plaintiff was appointed as the teacher of the Seodong Elementary School, and from March 1, 2009 to August 31, 2012, the Plaintiff applied for the general screening of the teachers in the field of early screening process conducted by the education specialist in the Office of Education of Chungcheongnam-do, 2012, and passed the final inspection on August 7, 2012, and served as the bachelor’s degree for the head of the Office of Education of Chungcheongnam-do, Chungcheongnam-do.

B. On July 26, 2013, the Defendant dismissed the Plaintiff and imposed a surcharge for disciplinary action (hereinafter “instant disposition”) on the grounds that the Plaintiff committed the following misconduct (hereinafter “instant misconduct”) and violated Articles 48, 53, and 55 (Duty of Integrity) of the Local Public Officials Act, applying Articles 69(1) and 69-2(2) of the same Act.

When applying for the examination, the plaintiff shall not apply for the examination by improper means.

Nevertheless, on June 2012, the Plaintiff transmitted the method of passing the 24th educational professional screening process through C Office of Education D Scholarship, Chungcheongnam-do, and agreed upon the amount of KRW 10 million from 20 million to 10 million in return for providing problems.

On June 25, 2012, Chungcheongnam-do, D and promised in advance, paid 10 million won in return for receiving screening problems within the parking lot of the E Office of Education.

After that, the plaintiff passed the final examination of the 24th educational specialist after receiving the 6th academic problem and the 3th academic problem from the school inspector F of the B Office of Education, Chungcheongnam-do, and passed the examination.

C. On August 16, 2013, the Plaintiff appealed and filed a petition review with the Appeal Commission for Teachers, but was dismissed on November 18, 2013.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 5 (if available, including each number; hereinafter the same shall apply) and Eul evidence No. 1;

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