logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2019.02.20 2018구합53047
징계처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On May 1, 2008, the Plaintiff was newly appointed as a teacher at B elementary school on May 1, 2008, and was transferred to C elementary school on March 1, 2014, and served as a teacher for the first half of the fifth year.

B. On December 23, 2014, the Plaintiff: (a) on June 3, 2014, “the Plaintiff committed an indecent act against the victim D by forcing the victim D by putting her panty in her inner part of the victim D, which was located in the victim’s her will, with the reduction of the victim’s her typology at the first half of the fifth grade class class class of C Elementary School (the age of 11) around June 3, 2014.

The plaintiff from around April 2014, as well as this.

6. During the first police officer, the victims under the age of 13 were forced to commit an indecent act as shown in the attached Table 1 List of Crimes.

The Defendant was indicted under the charge of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Minority under thirteen years of age). The lower court rendered a judgment dismissing the Defendant on the ground that the date and time of the commission of each of the crimes described in the [Attachment 1] Nos. 1 through 5, 7 through 21, 24 and 41 was not specified on December 22, 2016, on the grounds that the Defendant was convicted of having been sentenced to imprisonment with prison labor for six years, and that each of the crimes described in the [Attachment 1] Nos. 6, 22, and 23 did not specify the date and time of the commission of the crime.

The plaintiff's appeal and appeal against the above conviction were all dismissed, and the above conviction was finalized on September 21, 2017.

(hereinafter the above criminal trial is referred to as the “instant criminal trial”).

On February 9, 2015, the Seoul Southern District Education Office of Education requested a disciplinary decision among the Public Educational Officials Disciplinary Committee of the Seoul Metropolitan Office of Education (hereinafter referred to as the "Disciplinary Committee of this case") on the ground that the act of the plaintiff's indecent act by force violated Articles 56 (Duty of Good Faith) and 63 (Duty of Maintain Dignity) of the State Public Officials Act.

The Disciplinary Committee of this case.

arrow