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(영문) 대전지방법원 2017.11.09 2017구합102203
공익신고자 보호조치결정 취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the decision;

A. The Plaintiff is the Office of Education that supports elementary, secondary and administrative affairs in the Southern Sea-Gun under the jurisdiction of the Office of Education of Gyeongnam-do, and A is a teacher of B middle schools (hereinafter “instant school”).

B. On July 6, 2016, the former Student Meeting of the instant school (hereinafter “the instant student meeting”) was held on July 6, 2016, and during the instant meeting, “matters concerning the operation of the instant school C classes” was presented as an agenda item. At this time, there was a discussion that instructors were allowed to freely choose the C classes, including replacement of instructors, on the ground that instructors were able to freely choose the C classes, on the following grounds: (a) the chest part of the students who were seated in the instant school was cut back from the school to the school physician.

C. On July 7, 2016, A reported to the competent police station on the ground of the discussion of the instant student conference, that “two instructors of C after school of the instant case abused students of the instant school, etc., by assaulting two students of the instant school.”

(hereinafter “instant report”). D.

On July 18, 2016, the temporary parent conference of the instant school held on July 18, 2016, and passed a resolution stating that “A’s transfer measures are not determined, it shall implement the refusal of school attendance from August 26, 2016 to the former student of the instant school.”

On the other hand, on July 21, 2016, the parent-child D accepted a civil petition to the National Examination Committee stating that “A does not prevent any assault by C instructors in advance, and instead instigates students not to receive C-school lessons. Therefore, A’s transfer measures to which the instant report was filed are required.”

E. Accordingly, on July 28, 2016, the Plaintiff’s presence, the head of the school, the chairperson of the operating committee, the president of the parents’ association, the bachelor’s degree in charge of secondary education, and the scholarship holder in charge of elementary education participated in and held the countermeasures. At that time, the parent president of the school reported the instant case and reported it to the press.

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