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(영문) 서울행정법원 2017.02.02 2015구합81874
해임처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.

Reasons

1. Details of decision on the petition examination;

A. As an educational foundation under the Private School Act, an intervenor in the status of a party, etc. is establishing and operating a C High School corresponding to a private school (hereinafter “C High School”).

From 1989 to 1990, the Plaintiff has been serving as a teacher in C.

B. On January 28, 2014, the Intervenor notified the Plaintiff that he/she should be removed as of January 28, 2014 on the ground that ① the Plaintiff’s disposition of prior dismissal and appeal review thereof: ① the recommendation for school defamation, the proposal for transfer of schools and the following mass transfer; ② the transfer of school teachers (the Plaintiff refers to the Plaintiff); ③ the impairment of school teachers and school honor due to false fact-finding ex officio; ③ the defamation of the school teachers and the school by inciting the students; ⑤ the infringement of the human rights of students due to habitual punishment against the students; ⑤ the solicitation and mediation of students outside the school; 7) the neglect of habitually performing duties and the preparation of his/her office duties; ② the violation of the obligation to obey; ② the removal of the school as of January 28, 2014 (hereinafter referred to as “prior removal”).

(4) Of the grounds for the above disciplinary action, the details of the slandering school teachers and the school by inciting students were as follows: (a) the Plaintiff participated in the dispute between D teachers and the parents of C high school life guidance department; (b) disseminated false facts to the relevant students; (c) informed students of distorted information; and (d) made students in the Kakaoto Ri to write down comments on distorted information; and (e) encourage students in the school by spreading false facts and by inciting the amount of serious division and confrontation in cyber matters. (v) Specific details of the infringement of students’ human rights due to habitual physical punishment for students were as follows: (a) E (Real Name appears to be F) during the class hours of a semester 2013.

The joints of each student made a hole into a steel monb, and (b) G student's chest continues to be divided into a half of the plaintiff's monb on the ground that he was cut out.

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