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(영문) 수원지방법원 2017.03.21 2016구합65603
징계처분 취소청구의 소
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 March 1, 2003, the Plaintiff was newly appointed as a teacher at B Middle School, and is in office as a teacher at Chigh School from March 1, 2015 to March 1, 2015.

B. On October 8, 2014, the Defendant took disciplinary action against the Plaintiff for one month of salary reduction on the grounds that the Plaintiff violated Articles 56 (Duty of Fidelity) and 73 (2) of the State Public Officials Act (Duty of Reporting at Time of Termination of Reasons for Temporary Retirement) on the grounds as follows.

(hereinafter “Initial Disciplinary Action”). Upon receiving an order of temporary retirement from office from September 12, 201 to June 15, 2014, the Plaintiff left the Republic of Korea on September 11, 2011 and went into study and living in the UCRA located in the United States, and returned to the Republic of Korea on September 22, 2013, and continued a degree course in the Republic of Korea without reinstatement.

In accordance with Article 73(2) of the State Public Officials Act, the Plaintiff did not take necessary measures even though he/she had to apply for reinstatement within 30 days after the cause for temporary retirement ceases to exist, and received 11,338,620 won in total (including allowances) during the same period (from September 23, 2013 to June 15, 2014). The Plaintiff received 11,338,620 won in total during the same period (including allowances) and received 11,620 won in excess of the salary class

C. The Plaintiff filed an appeal review with the Appeal Review Committee for Teachers, and the Appeal Review Committee for Teachers decided on January 15, 2015 to change the initial disciplinary action into a “reguination” on the following grounds:

hereinafter referred to as "decision of January 15, 2015".

A) Considering that the Plaintiff’s series of study courses to obtain a degree in the Republic of Korea during study abroad and the circumstances where the Plaintiff stayed abroad during a considerable period of study, it is difficult to deem that the reason for overseas study leave ceases to exist solely on the ground that the Plaintiff stayed in Korea during a certain period of study. Provided, That the Plaintiff’s failure to comply with Article 56 (Duty of Good Faith) of the State Public Officials Act and Article 26 (Duty of Fidelity) of the Regulations on the Personnel Management of Public Educational Officials by failing to report not only the progress of temporary retirement following study abroad but also the location where

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