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(영문) 대구지방법원 2019.10.16 2019구합20435
해임처분취소
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, 2006, the Plaintiff was newly appointed as a professor of the Nursing University (hereinafter “instant Nursing University”) and was on March 1, 2014 through February 29, 2016.

Meanwhile, the Plaintiff’s husband and wife graduated from the English education department of B University, and changed the course of nursing in the English language school while working as a English teacher, and passed a doctorate course in the course of the instant nursing college in 2016, which was going from September 2015, and attended from March 2016.

B. Around January 2018, professors and students of the instant nursing university were not aware of the fact that the Plaintiff and C are mother and female relations, and around January 2018, D professors, who were guidance professors of C, published them on academic sites by misappropriation of part of the thesis of other students in the doctorate degree course of the instant nursing university, and the relationship was revealed in the process of pursuing the relationship with C with the Plaintiff.

C was voluntarily set aside at the Nursing University on February 14, 2018.

C. On February 2018, the dean of the Nursing University requested the Defendant to conduct a fact-finding investigation on the Plaintiff’s suspicion regarding the Plaintiff’s admission to doctoral degree courses, etc., and the fact-finding committee on B University’s truth-finding (hereinafter “the fact-finding committee in this case”) was the same year.

5. Until February 2, 200, the aforementioned fact-finding survey was conducted and submitted to the Defendant a report on the investigation results on May 14, 2018.

On February 1, 2018, the Plaintiff submitted an application for dismissal from office to a member on February 1, 2018, but the Defendant returned the said application on February 14, 2018 in consideration of the fact that the fact-finding is underway.

On May 31, 2018, the Defendant requested the General Disciplinary Committee on Public Educational Officials at B University (hereinafter “instant Disciplinary Committee”) to make a decision on heavy disciplinary action against the Plaintiff on the following grounds (hereinafter “each of the instant disciplinary grounds”).

(1)

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