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(영문) 대구지방법원 포항지원 2018.05.17 2017가합11327
해고무효확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. A. Around March 1, 1995, the Plaintiff was appointed as an assistant professor for life at C University operated by the Defendant (hereinafter “C University”) and was appointed as a full-time professor from March 1, 2004.

B. On October 20, 2015, the president of the Department of Science determined that the Plaintiff committed sexual harassment or sexual harassment against D students of the Department of Life Science (hereinafter “victims”) as follows (hereinafter “instant disciplinary cause”). Article 61(1) of the Private School Act (Article 61(1) of the Private School Act provides that “If a teacher of a private school falls under any of the following subparagraphs, the person who has the authority to appoint the relevant teacher shall request a resolution of disciplinary action and shall take disciplinary action according to the result of the resolution of disciplinary action:

1. Where he performs an act contrary to the teacher's principal portion in violation of this Act and other education-related Acts and subordinate statutes;

2. When he violates or neglects his duties;

3. A disposition to dismiss the Plaintiff (hereinafter “instant dismissal disposition”) was rendered when an act detrimental to the dignity of a teacher, regardless of whether he/she was on or off duty.

At the office of June 1, 2015, the Plaintiff 1 knife the victim's knife, ② knife the knife, ③ knife the knife of the victim, ④ knife the knife of the knife with the knife of the knife, ⑤ knife the dust, ⑤ knife the knife on the upper part of the knife in the upper part of the knife, and ⑥ knife the knife of the knife, and hife the knife and knife the knife.

C. On November 2015, the Plaintiff appealed and filed a petition review seeking revocation of the instant dismissal disposition with the Teachers’ Appeal Committee. On December 2, 2015, the Plaintiff withdrawn the petition and filed the instant lawsuit on October 11, 2017.

[Grounds for recognition] Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 6-1, 2-2, and the purport of the whole pleadings.

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