There are grounds for disciplinary action, but if there is no reason for removal from position, removal from position and dismissal from position based thereon.

Even if all of the grounds for removal from position against the plaintiff are recognized, it falls under the grounds for disciplinary action under Article 56 of the Public Educational Officials Act, and it cannot be viewed as a person who lacks the ability to perform his/her duties, which is the grounds for removal from position under Article 51-2 (2) 2 of the same Act, or whose work performance is extremely poor. Therefore, the above removal from position and dismissal based on this cannot be dismissed from all of them.

Articles 51-2 (2) 2 and 56 of the Public Educational Officials Act

[Judgment of the court below]

Attorney Choi Jong-hoon et al., Counsel for the defendant-appellant

Seoul High Court Decision 72Gu236 delivered on December 11, 1974

The original judgment is reversed and the case is remanded to the Seoul High Court.

With respect to the grounds of appeal Nos. 1 and 3 by the Plaintiff’s Attorney:

According to the judgment of the court below, the court below found that the non-party 1's non-party 1's non-party 1's non-party 1's non-party 2's non-party 2's non-party 2's non-party 2's non-party 2's non-party 2's non-party 2's non-party 2's non-party 2's non-party 2's non-party 2's non-party 2's non-party 2's non-party 2's non-party 4's non-party 2's non-party 4's non-party 2's non-party 2's non-party 2's non-party 2's non-party 2's non-party 2's non-party 2's non-party 2's non-party 2's non-party 2's non-party 2's non-party 3's non-party 3's non-party 2's non-party 2's non-party 2's position.

However, even if the above three facts described by the court below as grounds for revoking the position against the plaintiff are all recognized, they fall under the grounds for disciplinary action under Article 56 of the same Act, and they cannot be viewed as "a person who lacks job performance ability or is extremely poor in work performance" under Article 51-2 (2) 2 of the same Act. In other words, the above disposition of removal from position and the disposition of dismissal based on it cannot be viewed as "a person who lacks job performance ability or is extremely poor in work performance", which is a ground for removal from position under Article 51-2 (2) 2 of the same Act, and the above disposition of dismissal based on the above disposition of removal from position and the above disposition of dismissal based on it, the court below's decision that

This paper is reasonable.

Therefore, without examining the remaining grounds of appeal, we reverse the original judgment under Article 14 of the Administrative Litigation Act, Articles 400 and 406 (1) of the Civil Procedure Act, and remand the case to the Seoul High Court which is the original judgment. It is so decided as per Disposition by the assent of all participating judges.

Justices Kim Young-ju (Presiding Justice)