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(영문) 서울행정법원 2019.08.23 2019구합50137
교원소청심사위원회결정취소
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

The Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) is a school foundation that establishes and operates the C University.

The plaintiff is a dentist who has been working as a medical specialist in dental surgery (excluding dental surgery) from March 1, 2004 to a hospital affiliated with D of a social welfare foundation, and is appointed as a professor in C University (full-time teacher) from March 1, 2006 to the part of the intervenor.

On August 20, 2018, in the vicinity of the E Station, the Plaintiff was on board the F Hospital commuting bus. In the vicinity of the G Station, the victim H (hereinafter referred to as “victim”) boarded the bus, seated the bus on the side of the Plaintiff, kiding the phone, kiding the snow, kiding the victim’s body, part of the body and kids by the victim’s smartphone, and 20 seconds or more of the victim’s smartphones.

(이하 ‘이 사건 비행’이라 한다). 피해자는 당시 오른쪽 다리에 무언가가 스쳐서 눈을 떴는데, 원고가 갑자기 핸드폰(스마트폰)을 가져가는 느낌이 들어서 “지금 뭐하시는 거예요 ”라고 물었더니 원고가 “죄송합니다. 지우겠습니다.”라고 말하는 것을 듣고서야 비로소 원고의 이 사건 비행을 인지하게 되었다

(B) On August 27, 2018, the F Hospital held a medical ethics and disciplinary committee, and passed a resolution on dismissal (the deprivation of the status of a doctor and dismissal) against the Plaintiff. On August 29, 2018, the F Hospital filed a petition for the Plaintiff’s disciplinary action against the Intervenor.

On September 7, 2018, an intervenor referred the Plaintiff to the Intervenor’s Teachers’ Disciplinary Committee (hereinafter “instant Disciplinary Committee”) and was released from position against the Plaintiff.

On September 7, 2018, the president of the Intervenor appointed, as a member of the instant disciplinary committee, I, J, K, L, M, N and F Hospital, an attorney-at-law belonging to the C University, who is an attorney-at-law belonging to the K, K, K, L, N and F Hospital. On September 10, 2018, the Intervenor appeared at the instant disciplinary committee and present his/her opinions, and the challenge among the disciplinary committee members is necessary.

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