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(영문) 서울중앙지방법원 2018.07.19 2017가합560409
정직처분무효확인청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a school foundation that establishes and operates C University, and the Plaintiff was employed on March 1, 1995 and thereafter on February 1, 2016 as a professor of C University’s social science and art university from the date of appointment to the date of retirement at the end of February 2016.

B. The Plaintiff worked as the president of C University Administrative Graduate School from September 200 to February 2005 and from March 2009 to February 2015. From November 201 to May 2014, 201, the Plaintiff was in charge of operating the high-ranking policy course at C University Administrative Graduate School from C University Administrative Graduate School (hereinafter “high-ranking policy course”).

C. On March 2015, some of the students who completed the high-ranking policy course were asserting that the Plaintiff committed fraud, occupational embezzlement, etc. in the course of taking the expenses for the high-ranking policy course seminars, and accordingly, the Plaintiff accused the Plaintiff. Accordingly, the investigation by the investigative agency against the Plaintiff and the special audit by the Defendant Audit and Inspection Team were conducted.

On February 4, 2016, the Defendant Teachers’ Disciplinary Committee: (a) during the course of operating the high-ranking policy course, the Plaintiff recovered the amount of school expenses to be executed arbitrarily; and (b) decided to take a disciplinary measure for two months of suspension from office against the Plaintiff; (c) on February 12, 2016, the Defendant notified the Plaintiff of the fact that he/she was subject to a disciplinary measure for two months of suspension from office as of February 15, 201

(hereinafter “instant disposition of suspension from office”). The main reasons for disciplinary action stated in the written reason for disciplinary action are as follows:

4. As a result of a thorough examination by taking into account the details of investigation conducted by the audit team, statements made by a suspect of disciplinary action, etc., with respect to the suspect’s suspicion of disciplinary action:

A. From January 2009 to February 2014, an administrative graduate school serving as the head of the administrative graduate school for the first time in the year 2009 to execute the expenses for returning new students of high-level policy courses at the administrative graduate school for school expenses. The amount equivalent to the amount of school expenses is recovered from the original meeting and managed in cash with the head of the Tong and cash in the name of the principal, and the employee is paid in cash as the expenses for the personnel for the promotion of

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