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(영문) 전주지방법원 2016.06.09 2015구합2113
해임처분 취소 등 청구의 소
Text

1. The Defendant’s dismissal disposition against the Plaintiff on August 12, 2015 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On March 1, 200, the Plaintiff was newly appointed as a teacher of the Chungcheongnam-do Nutrition High School on March 1, 200, and thereafter was transferred to the Office of Education of Jeollabuk-do on March 1, 2002, and thereafter served as a B/high school teacher from March 1, 2010 to B/high school teacher.

B. On August 12, 2015, the Defendant issued a dismissal disposition against the Plaintiff pursuant to Article 78(1)1 of the State Public Officials Act (hereinafter “instant disposition”) on the ground that the Plaintiff violated Articles 56 (Duty of Good Faith) and 63 (Duty of Maintain Dignity) of the State Public Officials Act in order to engage in the following misconduct (hereinafter “the grounds for 1, 2, 3, and 4”), following the resolution of the General Disciplinary Committee for Public Officials in Jeollabuk-do.

Although the Plaintiff was already paid allowances, etc. under the provisions on public official’s allowances, etc. as part of B middle school fences, the Plaintiff did not receive and return money and valuables without any ground for the payment of KRW 1.5 million in total from the president of the incorporated association C (hereinafter “C Development Association”) on December 31, 2013 and January 25, 2013 on two occasions, under the pretext of encouragement for the teacher in charge of the teacher in charge.

When selecting scholarship students, the Plaintiff abused the authority (Reasons 2) (hereinafter referred to as “D”) paid by the president of the Incorporated Foundation D (hereinafter referred to as “D”) in 2013 and in 2014, the Plaintiff abused the authority to participate in the selection of outstanding scholarship students, and selected students who are not in compliance with the standards and prevented them from receiving scholarships.

The Plaintiff abused the authority of the NEI Organization Master(3) in charge of NEI Organization Master(3). The Plaintiff abused its authority as a person in charge of NEI Organization Master(3) and granted it to itself and other teachers, who do not comply with the details of the division of duties. In particular, on February 27, 2011, the Plaintiff granted the authority to hold the NEIS Department Department/School(NEIS) and granted it to himself/herself to prepare and peruse the information of students. In addition, E and F teachers, who are not teachers, were also NEI.

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