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(영문) 전주지방법원 2016.12.08 2016구합275
정직 3월 및 징계부과금 처분 취소 청구의 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. Since the appointment of the Plaintiff as a teacher on September 1, 1990, the Plaintiff continued his/her school life, and was transferred to B elementary school on March 1, 2013.

From September 1, 2013, it is being promoted to an assistant principal and is on duty.

B. On July 14, 2015, the Defendant, on the ground that the Plaintiff violated Article 56 (Duty of Fidelity) and Article 61 (Duty of Integrity) of the State Public Officials Act by committing the following acts, and Article 14 (Restrictions on Receiving Money and Valuables) of the former Rules of Conduct for Public Officials of Jeollabuk-do (amended by Rules of Education, No. 796, Nov. 15, 2016; hereinafter “Code of Conduct”), demanded a resolution to impose heavy disciplinary action and surcharges on the Plaintiff on the ground that the act constitutes grounds for disciplinary action under Article 78 of the State Public Officials Act. On August 6, 2015, the said Disciplinary Committee decided to punish the Plaintiff on three months of suspension from office and surcharges for disciplinary action, 4,308, 420 won (limited to the target amount 1,436,140 won).

The Plaintiff: (a) the Plaintiff: (b) made a statement, such as “I would like to attract the thickness of the door to a name; (c) the new teachers in the fifth-year service; (d) the donation to the manager; (c) the scholarship manager in charge of personnel management service; (d) the donation was made to B; and (e) the teacher in charge of △△△△△△△△△△. There was no example for the upper person; (d) the Plaintiff made a statement, such as “I would like to bring a gift to A; (e) the person who received a grade B may have a gift to a gift, and (e) the person who received a grade B may directly or indirectly request the teachers to give a name-saving gift, and (e) receive money and valuables from teachers from September 1, 2013 through February 1, 2015 (i.e., the 1,1436,140 won).

C. On August 12, 2015, the Defendant issued a disposition to impose KRW 4,308,420 on the Plaintiff for three months of suspension from office and surcharges for disciplinary action.

hereinafter referred to as the "disposition of this case"

D. The Plaintiff is a teacher’s appeals review committee on September 11, 2015.

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