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(영문) 대구지방법원 2018.05.24 2017구합22314
해임처분 취소
Text

1. The Defendant’s dismissal disposition against the Plaintiff on January 23, 2017 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On August 26, 1996, the Plaintiff was appointed as a full-time lecturer at the landscape department of the Agricultural University at B, and was appointed as a professor from October 1, 2007 through an associate professor and associate professor.

B. From September 15, 2014 to October 17, 2017 of the same year, the Board of Audit and Inspection conducted an audit of “the management status of the National R&D participating researchers” (hereinafter “instant audit”), and requested B University to dismiss the Plaintiff on the ground that the Plaintiff acquired research funds by fraudulent registration of participating researchers, etc., as stated in attached Table 1 “the request for disciplinary action by the Board of Audit and Inspection.”

C. On May 20, 2015, the Defendant requested a resolution of heavy disciplinary action against the Plaintiff on the following grounds (hereinafter “instant disposition grounds”), such as the Plaintiff’s false registration of C as a researcher, and the Plaintiff’s wrongful registration of D, and the payment of research fees, etc. (hereinafter “instant disposition grounds”).

1. On August 26, 1996, A professor A is appointed as a teacher in the landscape architecture department at the Agricultural Science University (former Ministry of Agriculture, Bioscience and Forestry University) and is engaged in the education, instruction, research, etc. of students up to now, and is in good faith performing duties, despite the fact that a public educational official who is engaged in the duties of education, instruction,

2. According to the audit results under the Act on the Management Status of National R&D Participating Officers, which was conducted by the Board of Audit and Inspection from September 15, 2014 to October 17, 2014, the act of defraudation and unjust execution of research funds by false registration of participating researchers, etc., such as a written request for disposition of the audit results (attached Form 1; hereinafter the same shall apply) is true.

3. Such act of the suspect is against Article 56 (Duty of Fidelity) of the State Public Officials Act and falls under grounds for disciplinary action under Article 78 (1) 2 of the same Act.

On May 28, 2015, the Daegu District Prosecutors' Office notified the Department of the Department of the Department of B University that the investigation was initiated as follows:

On February 2, 2015, the first day of the investigation into fraud, which was the name A, the summary of the suspicion of non-imprisoned arrest, shall be the professor B.

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