(영문) 수원지방법원 2019.01.23 2018구합67283

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(영문) 수원지방법원 2019.01.23 2018구합67283

해임처분취소

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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. The Plaintiff was newly appointed as a middle school teacher on March 1, 2014, and served as a teacher in special classes by April 2, 2018.

B. On March 29, 2018, the Defendant issued a dismissal disposition against the Plaintiff on the ground that “the Plaintiff, on November 16, 2017, operated from subway No. 9 to subway No. 3, 2017, she carried his/her sexual flag in the front line with each of the following after the victim 1 to 3, etc., and pushed his/her own sexual flag in the front line operated from subway No. 9 to the D Station, and again, she carried his/her own sexual flag in the front line with the victim 4, etc. in his/her name in his/her name in his/her name in his/her name in his/her name in his/her name in his/her front line operated from the D Station.” (hereinafter “instant disposition”).

C. The Plaintiff dissatisfied with the instant disposition and filed an appeal review with the Appeal Commission for Teachers, but the Appeal Commission for Teachers dismissed the Plaintiff’s appeal on June 20, 2018.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 11, the purport of the whole pleadings

2. The details of the relevant Acts and subordinate statutes are as shown in attached statutes;

3. The plaintiff's misconduct committed by the plaintiff is an accident in the private sector unrelated to his/her duties as a teacher, and there is no fact that the victims have appealed from the damage, and the degree of the misconduct or the illegality in the contents is minor.

It is too harsh that investigative agencies have taken a disposition of suspension of indictment on the ground that the plaintiff's crime is not serious, and that the plaintiff who was subject to a disposition of non-prosecution disposition is dismissed.

Since the plaintiff is unconstitutionally working as a special teacher teaching disabled children so far, it is reasonable to give the plaintiff an opportunity to perform his/her duties as a special teacher once again in the current situation where the special teacher is insufficient.

Therefore, the instant disposition is an abuse of discretion in violation of the principle of proportionality.

유사 판례

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-서울중앙지방법원 2013.10.23 2013고단5423

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