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(영문) 서울행정법원 2016.04.29 2015구합72221
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

1. Details of the disposition;

A. On March 1, 1998, the Plaintiff is a school foundation that establishes and operates C University, and the Intervenor was newly appointed as a full-time lecturer at the Department of New Studies at C University on March 1, 1998 and then appointed as a full-time professor on April 1, 2010.

B. On September 5, 2014, the Plaintiff requested the Cuniversity Teachers’ Disciplinary Committee to take a disciplinary measure against the Intervenor. On December 2, 2014, the Cuniversity Teachers’ Disciplinary Committee decided to dismiss the Plaintiff as follows; on December 31, 2014, the Plaintiff was subject to a disciplinary measure of dismissal against the Plaintiff.

(이하 ‘이 사건 해임처분’이라 한다). ▣ 징계사유(이하 ‘이 사건 징계사유’라 하고, 순번으로 특정한다)

1. A student’s participation in a comprehensive examination limited the student’s opportunity to apply for the comprehensive examination, which is in violation of Article 22, Article 22 (Comprehensive Examination) (1) of the Enforcement Rule on D Graduate School’s School’s Educational Affairs (hereinafter “Enforcement Rule”). A person who can apply for a comprehensive examination shall be a person who has completed missionary work, pedagogy consultation, or special course of study at least two semesters.

2. The part of the part of the part of the part of the part of the part of the part in the part of the part in the part in the part in the part in the part in the part in the part in the part in the part in the part in the part in the part in the part in the part in the part in the part in the part in the part in the part in the part in the part in the part in the part in the part in the part in the part in the part in the part in the part in

3. An intervenor forced the preparation of a study paper for graduation forced students to use a thesis even though the study paper is not an essential matter for a special graduate school, and thereby causes confusion to students and disadvantage.

C. The Intervenor filed a petition review on the instant disposition of dismissal, and the Defendant is deemed to have all of the grounds for the instant disciplinary action, but the Intervenor did not gain personal benefits due to the said grounds for the disciplinary action and did not suffer damage due to restrictions on the application for the comprehensive examination.

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