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(영문) 부산지방법원 2015.02.06 2014구합15
해임처분취소
Text

1. The Defendant’s disciplinary action of dismissal against the Plaintiff on August 5, 2013 shall be revoked.

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

Reasons

Details of the disposition

A. On November 10, 1987, the Plaintiff was appointed as a public official of the Busan Metropolitan Office of Education, and served as the B middle school administrative office from January 1, 2013.

The plaintiff shall be a Grade 6 public official of the Office of Education serving as the head of the administrative office at B middle schools located in Busan Seo-gu C.

1. On April 4, 2013, the Plaintiff violated the Act on the Protection of Children and Juveniles’ Sex Offenses (Indecent Act by compulsion) followed the victim D (Influence, age 17) who is going to light in the exit stairs No. 3, 08:16, and followed the victim D (influence, age 17), her left hand, put the victim’s her her her her her her her her her her her her her her her her her her her her her her her her

Accordingly, the plaintiff committed an indecent act by force against a child or juvenile victim.

2. On April 18, 2013, the Plaintiff: (a) committed an indecent act by force by force against the victim, on the following grounds: (b) around 06:26, when he was waiting to move from the marine transportation direction platform for the Taecheon Station of the Urban Railroad No. 2, 2013, the Plaintiff committed an indecent act by force by force against the victim, she was under the victim’s her clothes, and her her her her her her her ther ther b

B. On May 31, 2013, Busan District Prosecutors’ Office prosecuted the Plaintiff on summary as follows, and notified the Defendant of the same day on the same day.

C. On July 1, 2013, the Defendant requested a local public official personnel committee of the Busan Metropolitan Office of Education to decide on a disciplinary action against the Plaintiff. On July 30, 2013, the said committee decided to dismiss the Plaintiff on the ground that the Plaintiff violated the duty to maintain dignity by preventing the same crime as the facts charged.

Accordingly, the Defendant dismissed the Plaintiff on August 5, 2013.

(hereinafter “instant disposition”)

D. On August 20, 2013, the Plaintiff filed an appeal review seeking revocation of the instant disposition with the Busan Metropolitan City Education Appeals Commission, but was dismissed on October 15, 2013.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 1, Eul evidence 1, 6 through 9, and argument and judgment of the whole pleadings

A. The plaintiff.

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