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(영문) 전주지방법원 2016.05.12 2015구합889
정직처분취소
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, 2003, the Plaintiff was appointed as a junior high school education and a full-time lecturer at B University, and on April 1, 2009, the Plaintiff is a person who has been promoted as an associate professor and serves as a professor at the above school until now.

B. On February 11, 2014, the Defendant demanded a disciplinary resolution against the Plaintiff on the following grounds to the Public Educational Officials General Disciplinary Committee (hereinafter “Disciplinary Committee”).

1. The Plaintiff violating the duty to maintain dignity by inserting false facts through Facebook around June 7, 2013, thereby undermining C’s reputation. As such, the Plaintiff was ordered by the former District Prosecutors’ Office to engage in violation of the Act on the Promotion of Utilization of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) and intentionally committing a crime is recognized.

2. Although the Plaintiff, as a state public official, has a duty to obey an official order of his superior in the course of performing his/her duties, he/she was unable to attend a meeting subject to attendance without permission, has continuously participated in the school banner demonstration demanding the withdrawal of president, and has continuously caused disturbance by filing a lawsuit against a school against the government and school policy, and has violated the duty of good faith and obey.

C. On March 28, 2014, the Disciplinary Committee decided on three months of suspension from office against the Plaintiff on the ground that the Plaintiff violated Articles 56 (Duty of Fidelity), 57 (Duty of Fidelity) and 63 (Duty of Maintenance of Dignity) of the State Public Officials Act.

Accordingly, on April 7, 2014, the defendant issued a disciplinary measure against the plaintiff for three months of suspension from office pursuant to Article 78 (1) of the State Public Officials Act.

(hereinafter “instant disposition”) e.

On April 29, 2014, the Plaintiff appealed and filed an appeal review with the Appeal Committee for Teachers, but received a decision of dismissal from the Appeal Committee for Teachers on January 12, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 13, purport of the whole pleadings

2. This.

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