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(영문) 광주고등법원 2015.02.12 2014누6011
해임처분 취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Details of the disposition;

A. On September 1, 1987, the Plaintiff was appointed as an associate professor on October 1, 1989, as the official university B and a full-time lecturer at the Jeonnam University, a national university, as a full-time lecturer, and was promoted as an associate professor on October 1, 1993, as the associate professor on October 1, 1993, and as a professor on October 1, 1998, and is currently serving as a professor at the same department.

B. On October 12, 2009, the Plaintiff was commissioned as one of the members of the Design Evaluation Deliberation Committee (hereinafter “Deliberation Committee”) consisting of 13 members in order to deliberate and evaluate the eligibility for design bid documents and design points of C Corporation ordered by the Korea Land and Transport Management Agency of the Republic of Korea (hereinafter “instant construction”) from among the members of the Design Evaluation Deliberation Committee (hereinafter “Deliberation Committee”).

C. In the deliberation on the design evaluation of the instant construction project on October 16, 2009, the Plaintiff granted one design evaluation score to the “building” sector of design documents submitted by the treatment and construction consortium, and the Plaintiff’s duties as the deliberation committee was terminated on the same day by closing the deliberation committee.

On January 3, 2013, the Defendant was notified by the chief public prosecutor of the Daegu District Public Prosecutor's Office that the Plaintiff was indicted on December 26, 2012 on the following facts of the instant misconduct in relation to the duties of the members of the deliberation committee.

E. On February 4, 2013, the Defendant requested the General Disciplinary Committee on Public Educational Officials at Southern University (hereinafter “Disciplinary Committee”) to make a heavy disciplinary decision with respect to the Plaintiff, and deemed that the following misconduct (hereinafter “instant misconduct”) is in violation of Article 61 (Duty of Integrity) of the State Public Officials Act, and issued a dismissal disposition against the Plaintiff (hereinafter “instant disposition”) pursuant to Article 78 (1) 2 of the same Act and Article 15 of the Decree on the Disciplinary Action against Public Educational Officials (hereinafter “Disciplinary Decree”).

[Cheating committed by the plaintiff] The plaintiff around March 2009 is about the Ministry of Land, Transport and Maritime Affairs, the Dasan Regional Land Management Agency, Don-Ky.

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