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(영문) 서울행정법원 2020.06.18 2019구합88231
소청결정취소청구
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of decision on the petition examination;

A. From March 1, 1995, the Plaintiff served as English and teacher in C High School established and operated by school juristic persons B (hereinafter “B”) (hereinafter “instant high school”).

B. On October 2, 2017, B received information from the parents on the suspicions of the outflow of the English test site, and requested the Dobong Police Station to investigate the following day, from October 5, 2017 to October 19, 2017, and conducted an investigation related to the suspicions of the outflow of the English test site, and requested the disciplinary committee to make a resolution on the Plaintiff on November 6, 2017, following the deliberation of the Teachers Personnel Committee on October 20, 2017 and the resolution of the board of directors on November 3, 2017.

C. On November 17, 2017, the Disciplinary Committee decided to dismiss the Plaintiff on the following grounds, and B removed the Plaintiff from office on November 22, 2017.

(2) On September 18, 2017, the Plaintiff received the issue of paragraph (30) of the first written examination from the 2nd semester of the High School 2017, which is an editing teacher for the second half-year English subject of the first written examination, and copied it to the school and sent to D a newspaper containing a duplicate in his/her own car on the same day, and around September 18, 2017, the Plaintiff received the issue of paragraph (30) of the first written examination from the 2nd semester of the second written examination, which is an editing teacher for the second year of the second written examination of the High School 2017, and delivered the examination issue to D in the same way as the 30th written examination.

On December 19, 2017, the Plaintiff filed a petition review with the Defendant seeking the revocation of the removal of the instant case. On August 21, 2019, the Defendant, which was found guilty in a criminal trial on August 21, 2019, recognized the grounds for disciplinary action under Article 61(1) of the Private School Act as well as the outflow of the test site of English II and II during the second semester of the year 2017, and determined the disciplinary action of the removal of the instant case.

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