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(영문) 대전지방법원 2016.03.30 2015구합103202
해임처분취소청구기각결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of decision on the petition examination;

A. The Plaintiff was appointed as a teacher on March 1, 1990, and from November 1, 2007, the Plaintiff served in C High School under the School Foundation B, and from March 1, 2009, he served as an assistant principal of the above school from March 1, 2009.

B. On September 11, 2012, the Plaintiff neglected to make efforts to prevent the divulgence of the problem by receiving the examination question paper and the answer paper from the members preparing questions in relation to the appointment of a new teacher by mail. The Plaintiff was given a warning on the ground that he lost fairness, objectivity and reliability in the process of the appointment of a new teacher, such as giving a mark of the applicant’s personal information at the time of giving the applicant’s multiple-choice answer paper, and giving a mark after being exposed to the applicant’s personal information.

C. On January 29, 2015, the Plaintiff was sentenced to a fine of KRW 8 million on a criminal charge that “the Plaintiff, on December 15, 2012, in the process of appointing a new teacher of C High School, was unable to participate in the examination.” On December 21, 2012, the Plaintiff: (a) voluntarily recorded the points in the list of appraisal in D’s name; (b) forged and sealed the seals in D’s name; and (c) exercised the same on December 21, 2012, the Plaintiff arbitrarily prepared the minutes of the meeting even if it did not hold a personnel committee in relation to the appointment of a teacher; and (d) thereby interfered with the business of the school foundation B by deceptive means,” and the judgment became final and conclusive at that time.

Accordingly, on January 19, 2015, the Teachers’ Disciplinary Committee of the school foundation B resolved to dismiss the Plaintiff. On January 23, 2015, the school foundation B recognized the grounds for disciplinary action as shown in the attached Table 1, and the grounds for disciplinary action cannot be applied pursuant to Article 4(2)6 of the Regulations on Disciplinary Measures on Public Educational Officials, etc. because the grounds for disciplinary action falls under the matters concerning new employment personnel, thereby dismissing the Plaintiff.

(hereinafter referred to as “instant disciplinary action”). E.

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