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(영문) 수원지방법원 2016.12.15 2016구합61519
직위해제처분 및 파면처분 취소
Text

1. Of the instant lawsuit, the part regarding the claim to revoke the removal from position as of June 25, 2015 is dismissed.

2. The plaintiff's defendant.

Reasons

1. Details of the disposition;

A. After being newly appointed on November 15, 1990, the Plaintiff served as the chief teacher of B High School from March 1, 2012.

B. On June 25, 2015, the head of the district office of education issued a report on the case that the Plaintiff’s continuous sexual harassment, sexual harassment, and sexual harassment (e.g., so that female students and those in the third grade may be broken out) from the first year to the 10 female students from the first year, the head of the district office of education received the report from the school. However, under the present situation, it is difficult to expect the Plaintiff to perform his/her normal duties concerning instruction and life guidance of the students claiming victims in face face-to-face class and life guidance, the removal from his/her position pursuant to Article 73-3(1)2 of the State Public Officials Act (hereinafter “ removal from position on June 25, 2015”). The Defendant’s Superintendent of the district office of education requested removal from his/her position pursuant to Article 73-3(1)2 of the State Public Officials Act (hereinafter “the removal from position”) on August 19, 2015”) on the ground that the Plaintiff’s act constitutes a violation of disciplinary measure under Article 16(5) of the State Public Officials Act.

E. On October 7, 2015, the Gyeonggi-do General Disciplinary Committee for Public Educational Officials decided to dismiss the Plaintiff’s act, such as the grounds for disciplinary action, violates Article 63 of the State Public Officials Act and constitutes grounds for disciplinary action under Article 78(1) of the State Public Officials Act.

The defendant's Superintendent of the Office of Education on October 19, 2015.

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