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1. The Defendant’s disposition of warning against the Plaintiff on May 16, 2016 is revoked.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Details of the disposition;
A. On April 1, 1989, the Plaintiff was appointed as a teacher of the Korean Teachers’ Union (hereinafter “former Teachers’ Union”) from March 1, 2012 to February 29, 2016 pursuant to Article 71 subparag. 6 of the State Public Officials Act, but was temporarily retired from office on March 1, 2016, and is in office as a teacher of the Korean Teachers’ Union (hereinafter “former Teachers’ Union”).
(Gu) The Plaintiff was a group of acts for purposes other than official duties, such as participating in one time of the war conference (on October 29, 2015, and December 16, 2015) under the pretext of “the prohibition of public official’s pension outstanding” and “the opposition to the national policy of the Republic of Korea” (hereinafter “Korea Textbook”). On October 29, 2015, the Plaintiff was a group of acts for purposes other than official duties, such as holding two times of the assembly and demonstration (on October 29, 2015, October 16, 2015). On October 29, 2015, the Plaintiff held a teachers to “the opposition to the national government administration of Korean Textbook” at the Jung-gu Seoul, Seoul, and attended a teachers’ meeting, and was in violation of the State Public Officials Act.
On May 9, 2016, the General Disciplinary Committee of the Office of Education in the Gyeonggi-do, which was requested by the Defendant for a disciplinary resolution, decided as a disciplinary measure by reducing it in accordance with Article 4 of the Regulations on Disciplinary Action, etc. against Public Educational Officials (amended by Ordinance of the Ministry of Education No. 84, Dec. 18, 2015; hereinafter referred to as the "Rules on Disciplinary Action"), on the ground that the Plaintiff violated Articles 56 (Duty of Good Faith), 63 (Duty of Good Faith) and 66 (Prohibition of Collective Action) of the State Public Officials Act.
(1) The Assembly and Demonstration Act provides that the Assembly and Demonstration Act’s assembly of the Republic of Korea is “the First and Second Assembly and Demonstration Act’s assembly of the Republic of Korea,” and the Assembly and Demonstration Act’s assembly of the Republic of Korea is “the First and Second Assembly and Demonstration Act.”
Accordingly, on May 16, 2016, the Defendant issued a warning disposition against the Plaintiff pursuant to Article 78(1) of the State Public Officials Act (hereinafter “instant disposition”).