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Reasons
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(영문) 부산지방법원 2015.09.17 2014가합48128
해고무효확인
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. From March 1, 2014, the Plaintiff entered into a labor contract with the principal of the B middle school under the Defendant’s control and worked as the supervisor of the axis in the B middle school. The Defendant is a local government that is a public corporation.

B. On June 23, 2014, the B Middle School reported to an investigative agency on the fact that the Plaintiff committed assault against and indecent act against the students of the mouths under its instruction (hereinafter “victims of this case”). On June 26, 2014, the B Middle School Governance Committee held an emergency meeting on the part of June 26, 2014 to determine the suspension of business until the date of notification of the investigation results by the investigative agency with respect to the Plaintiff, and notified the Plaintiff of the fact on June 27, 2014.

Furthermore, on June 27, 2014, the Committee for the Protection of Students under the Busan Northern District Office of Education decided to prohibit the Plaintiff from entering into a contract or re-contract for at least five years pursuant to Article 11(1) of the Regulations on the Student Players Protection Committee of the Busan Metropolitan Office of Education (hereinafter “instant Regulations”), and the B Middle School Steering Committee decided to terminate the contract with the Plaintiff as of July 4, 2014, the B Middle School Chairperson notified the Plaintiff of the termination of the contract on July 4, 2014.

hereinafter referred to as "the dismissal of this case"

). 한편, 이 사건 규정 중 이 사건 징계의결과 관련된 부분은 다음과 같다. 《부산광역시교육청 학생선수보호위원회 규정》 제11조 (징계 ① 위원회는 제10조에 의해 조사한 학생선수 폭력 행위를 심사하여 그 사실이 인정될 경우 다음과 같이 징계 의결한다.

1. A leader who does violence to a player or leader;

(a) Primary detection: Prohibition of contracts and re-contracts for not less than five years;

2. Disciplinary action against sexual assault crimes and other acts related to performance;

(a) The primary detection: the prohibition of contract and re-contract for not less than five years.

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