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1. The Defendant’s imposition of surcharges of KRW 1,170,000 against the Plaintiff on May 31, 2016 shall be revoked.
2. The plaintiff.
Reasons
1. Details of the disposition;
A. From March 1, 2009 to February 28, 2014, the Plaintiff worked as the principal at the B elementary school located in Macheon-si, and was urged the students to directly teach the subjects of Korean history, Chinese characters, etc. as part of the after-school program (elementary school care class) from 2011. From March 1, 2011 to February 28, 2014, C works as the head of the educational planning department at the above B elementary school and took part in the after-school program to students as part of the after-school program.
B. The Board of Audit and Inspection, during the period from February 17, 2014 to March 21, 2014, audited “after-school operation status” and demanded the Plaintiff and C to take a disciplinary measure against each of the following grounds pursuant to Article 32(1) of the Board of Audit and Inspection Act.
1. Disciplinary reasons against the Plaintiff: (a) The Plaintiff forced students who did not apply for the participation in school classes after school; and (b) continued school classes.
② From March 1, 2011, the Plaintiff instructed C to prepare documentary evidence of expenditure, such as a school log, and drafted false documentary evidence of expenditure, including a school log, as C took place 1,492 hours more than 1,957 hours more than the Plaintiff’s actual school hour, and as a result, the Plaintiff wrongfully received KRW 22,206,00 for school tuition after school programs.
③ As the principal of a school, the Plaintiff organized after-school classes in the class hours of duties to handle the affairs related to the operation of the school, and operated the class in the school room where the books and the teaching districts have not been kept, and did not conduct the class by consultation with the teachers and staff during the class.
④ The Plaintiff did not normally perform his/her duties as the principal by approving documents on the date specified as the class hours on the school day.
2. The grounds for disciplinary action against C are as follows: (a) C is replaced by the Plaintiff’s class day according to the Plaintiff’s instruction.