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(영문) 서울행정법원 2015.09.18 2015구합50658
감경결정취소청구
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, and the portion arising from the participation in the lawsuit.

Reasons

1. Details of the disposition;

A. The Intervenor joining the Defendant was a professor at C University established and operated by the Plaintiff from 1991 to 2014.

B. On May 19, 2014, the Plaintiff held a teachers’ disciplinary committee and dismissed the Intervenor joining the Defendant on the ground that there was a suspicion of the disciplinary reasons as stipulated in each subparagraph of Article 61(1) of the Private School Act, such as the reasons for the disciplinary decision in the attached Form.

(hereinafter “instant disciplinary action”). C.

On June 12, 2014, the Intervenor filed a petition review with the Defendant seeking the revocation of the instant disciplinary action. D.

On September 25, 2014, the Defendant rendered a decision to review a petition to change the dismissal disposition against the Defendant’s Intervenor on the ground that the grounds for appeal Nos. 1, (2), and (3) are acknowledged, but the grounds for appeal No. 1 are not specified in the written request for disciplinary decision No. 201.

(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, entry of Gap evidence No. 1, and purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Although No.4 of the Disciplinary Reason No. 1 of the Plaintiff’s assertion was rejected at the time of the request for a disciplinary decision, it was not stated as the grounds for the request for a disciplinary decision. However, if the Intervenor’s Intervenor appeared in the Disciplinary Committee and had sufficient opportunity to vindicate the above grounds, the

Although the above grounds cannot be considered as grounds for disciplinary action, a disciplinary action shall be taken into consideration as an aggravated element. The defendant did not make a factual judgment on the grounds that the grounds that the grounds cannot be considered as grounds for disciplinary action.

In addition, in light of the significant misconduct of the Intervenor joining the Defendant, mitigation of dismissal is a deviation and abuse of discretion.

(b)when the person entitled to a request for a disciplinary decision requests a disciplinary decision.

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