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(영문) 수원지방법원 2018.10.11 2018구합62714
해임처분취소
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. On March 1, 2005, the Plaintiff was appointed as a middle school teacher on March 1, 2005 and served in C Middle School from March 1, 2016.

B. On June 23, 2017, the Cmiddle School President reported to the Defendant on the fact that the Plaintiff had physical contact with the students during the course of correcting the student’s attitude during the class hours, and reported the above fact to the Busan Western Police Station.

C. On July 21, 2017, the Gyeonggi Northern Police Agency notified the Defendant of the commencement of the investigation into a public official’s crime as follows:

On June 2, 2017, the suspect was asked the suspect about the evaluation of the victim's family member's family member's family member's family member's family member's family member's family member's family member's family member's family member's family member's family member's family member's family member's family member's family member's family member's family member's family member's family member's family member's family member's family member's family member's family member's family member's family member's family member's family member's family member's family member's family member's family member.

Accordingly, on July 25, 2017, the head of the Gyeonggi-do High Office of Education (hereinafter “the first office of education”) issued a disposition of removal pursuant to Article 73-3(1)6 of the State Public Officials Act (hereinafter “the first office of removal”) on the ground that the Plaintiff is “a person under investigation by an investigative agency” and the Plaintiff filed a petition review with the Appeal Commission of Teachers on August 9, 2017 seeking revocation of the first office of removal.

E. On October 10, 2017, the Goyang District Prosecutors’ Office rendered the disposition of non-prosecution on the charge of the above suspected offense (Evidence of Evidence) to the public prosecutor’s office.

F. On October 13, 2017, the Defendant requested the Gyeonggi-do General Disciplinary Committee for Public Educational Officials (hereinafter “Disciplinary Committee”) to make a resolution on the Plaintiff. The grounds for such request for disciplinary resolution are as follows.

A discipline accused person A was appointed as a public educational official on March 1, 2005 and served in B middle school. From March 1, 2016 to March 1, 2016, he/she is a teacher who has been employed in Cmiddle school and is therefore on the dignity of Article 63 of the State Public Officials

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