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1. The Defendant’s removal from his position against the Plaintiff on February 5, 2015 shall be revoked.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Details of the disposition;
A. On January 12, 2015, the Incheon Regional Police Agency notified the Defendant that an investigation was initiated under suspicion of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in Occupational Authority, etc.) with respect to the Plaintiff working as an assistant principal of the Incheon Elementary School.
The Plaintiff, at around 10:40 on July 25, 2014, served as an assistant principal as a teacher at the Incheon B Elementary School in which the victim C (the age of 42) served as a teacher, committed an indecent act by force against the victim under his/her supervision due to his/her business relationship, such as setting aside his/her arms, going against the victim's will against the victim's will that he/she was seated next to the other ten faculty members of the Nam-dong, Incheon Metropolitan City.
B. On February 5, 2015, the Defendant cannot maintain his/her duties since he/she committed an indecent act by force against the Plaintiff in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act on January 12, 2015) on the Punishment, etc. of Sexual Crimes against the Plaintiff on January 12, 2015.
“On the ground that the Plaintiff: (a) deemed that he/she falls under “a person incapable of performing his/her duties or has extremely poor performance in work performance; and (b) rendered a disposition to release the Plaintiff’s position from his/her position pursuant to Article 73-3(1)2 of the former State Public Officials Act (amended by Act No. 1328, May 18, 2015) (hereinafter “instant removal from position”); (c) the Plaintiff dissatisfied with the instant removal from position and filed a petition review with the Teachers’ Appeal Committee on February 5, 2015; (b) on April 8, 2015, the Teachers’ Appeal Committee sent the case to the Incheon District Public Prosecutor’s Office as a result of the investigation conducted by the Plaintiff on February 9, 2015.