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(영문) 제주지방법원 2016.07.20 2015구합5386
견책처분취소
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 September 1, 2010, the Plaintiff was appointed as an assistant professor at the law school of B University, a national university, and thereafter is a person who was promoted as an associate professor on October 1, 2014 and serves as a professor at the above school until now.

In relation to the operation of the subject of the Economic Law, the number of school days is less than 15 weeks according to the Regulations on the Management of School Affairs at Law Schools and the school administration guidelines for law schools, but the number of school days has not been observed due to the lack of time, and the number of school days has not been observed.

On April 1, 2015, the Defendant requested the Chairperson of the General Disciplinary Committee for Public Educational Officials at B University to take disciplinary measures against the Plaintiff. On April 17, 2015, the Defendant issued a reprimand against the Plaintiff pursuant to Article 78(1)1 and 3 of the State Public Officials Act on the ground that the Plaintiff violated Article 56 (Duty of Good Faith) of the State Public Officials Act as follows.

C. On May 1, 2015, the Plaintiff dissatisfied with the disciplinary action against the foregoing reprimand and filed a request for review of an appeal seeking revocation with the Appeal Commission for Teachers. On June 24, 2015, the said Appeal Commission dismissed the Plaintiff’s request for review of appeal on the ground that the Plaintiff’s grounds for disciplinary action are all recognized.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 9, Gap evidence 16, Eul evidence 1 through 2 (including branch numbers, if any) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) Article 58(1) of the Regulations on the Management of School Affairs at B University (hereinafter “Regulations”) provides that “The number of school days shall be at least 15 weeks every semester.” However, Article 27 of the Regulations on the Management of School Affairs at B University (hereinafter “Regulations”) is inevitable for school operation.

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