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Reasons
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(영문) 대구고등법원 2018.05.18 2017누6564
불문경고처분취소
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1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On April 1, 1989, the Plaintiff was appointed as a teacher of the National Teachers’ Union at Incheon-si, and from March 1, 2012 to February 29, 2016, the Plaintiff temporarily retired from office under Article 44(1)11 of the Public Educational Officials Act (hereinafter “full-time school support”) and was in office as a teacher of the C-school after reinstatement on March 1, 2016.

B. On May 9, 2016, the ordinary disciplinary committee of the Office of Education in the Gyeongbuk-do, which was requested by the Defendant for a disciplinary resolution, decided as an unwritten warning disposition by reducing it pursuant to Article 4 of the Regulations on Disciplinary Action, etc. of the former Public Educational Officials (amended by Ordinance of the Ministry of Education No. 84, Dec. 18, 2015; hereinafter “Disciplinary Rule”), 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 by following acts.

(1) The Assembly and Demonstration Act provides that “The Assembly and Demonstration Act shall be construed as “the First Declaration,” and “the Second Declaration,” in which the Assembly and Demonstration Act shall be construed as “the Assembly and Demonstration Act shall be construed as “the First Declaration,” and “the Second Declaration,” in which the Assembly and Demonstration Act shall be construed as “the Assembly and Demonstration Act shall be construed as “the First Declaration,” and the Assembly and Demonstration Act shall be construed as “the Second Declaration,” and the Assembly and Demonstration Act shall be construed as “the Second Declaration.” The Plaintiff shall be construed as the former Before the Assembly and Demonstration Act, and it shall be construed as “the public official pension” and “the Government and Demonstration Act shall be construed as “the government and Demonstration” as “the government and Demonstration Act shall be construed as “the government and Demonstration of the Republic of Korea,” respectively. The Assembly and Demonstration shall be construed as “the government and Demonstration Act shall be construed as the Assembly and Demonstration Act” and shall be construed as “the government and Demonstration Act shall be construed as the Assembly and Demonstration Act No. 1281, Oct. 29, 2015. 2015.

Accordingly, the defendant on May 16, 2016 shall be the plaintiff.

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