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(영문) 대전지방법원 2017.11.02 2017구합103459
파면처분취소청구 기각결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit shall be borne by the Plaintiff, including the costs incurred by participation.

Reasons

1. Details of the decision;

A. The Plaintiff was appointed from the Intervenor joining the Defendant (hereinafter “ Intervenor”) on March 1, 2007, and served as a doctor and a private school teacher, and was promoted as an associate professor on April 1, 2013.

B. On October 5, 2016, Busan District Prosecutors' Office prosecuted the Plaintiff on non-detained on charges of taking property in breach of trust and violation of the Medical Service Act.

On December 8, 2016, the Intervenor Disciplinary Committee decided to dismiss the Plaintiff on the ground that the Plaintiff received KRW 23,450,000 in return for the prescription of drugs from D, running a stock company, from around August 2014 to April 2016, the Plaintiff violated the duty of integrity as a teacher, damaged the dignity, and lost morality. The Intervenor dismissed the Plaintiff on December 13, 2016.

(hereinafter “instant dismissal.” On January 10, 2017, the Plaintiff appealed and filed a petition review with the Defendant on January 10, 2017, but the Defendant rendered a decision to dismiss the petition (hereinafter “instant decision”) on March 8, 2017.

C. On February 15, 2017, the Plaintiff was sentenced to a penalty surcharge of KRW 10 million and KRW 23450,000,000,000,000,000, on the ground of property in breach of trust received from September 15, 2014 to May 21, 2016, the Plaintiff received 23,4550,000 won from the Busan District Court, and due to the fact of violation of the Medical Service Act.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2, 11, and the purport of the whole pleadings

2. The plaintiff's assertion

A. Before the removal of the instant case, the Plaintiff did not file an application for challenge against the disciplinary committee members due to the Plaintiff’s assertion that he would return to the medical treatment after being subject to a disciplinary action of suspension from office or less through the Plaintiff’s faculty president, hospital enforcement department, disciplinary committee member, etc.

This is a procedural procedure for the removal of the case, since the intervenor's related persons had deprived the plaintiff to defend.

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