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(영문) 서울행정법원 2016.05.13 2015구합165
교원징계재심결정처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.

Reasons

1. On March 1, 2011, the Plaintiff was appointed as an assistant professor at C University operated by the Intervenor Intervenor B (hereinafter “ Intervenor”) (hereinafter “instant school”).

The Intervenor, even if the Plaintiff did not appear in D during the class for three semesters from February 2, 2012 to February 2, 2013, granted the Plaintiff an unreasonable grade by means of forging the test site, etc. even though the Plaintiff did not appear during the test time (hereinafter “Disciplinary Reason 1”).

(2) On June 13, 2014, the Plaintiff removed the Plaintiff from office (hereinafter “instant removal”) on the grounds of the Disciplinary Reason No. 2 (hereinafter “Disciplinary Reason”).

On July 30, 2014, the Plaintiff filed a petition review with the Defendant, but the Defendant dismissed the Plaintiff’s petition review on September 24, 2014 (hereinafter “instant decision”).

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 5, the purport of the whole pleadings

2. Determination

A. According to the evidence evidence Nos. 1, 4, and 1 through 3, 5, and 6 of the disciplinary procedure’s legality, the intervenor sent a notice of attendance of the disciplinary committee to the Plaintiff by registered mail on three occasions in May 2014, and both the intervenor returned to the Plaintiff by lack of closed language. ② The intervenor notified the Plaintiff of the holding of the disciplinary committee several times through mobile phone text messages and e-mail, and requested the Plaintiff to attend the meeting. ③ The intervenor attempted to deliver the notice of attendance to the Plaintiff through the president of the pertinent school. However, the Plaintiff sent a mobile phone text message to the president on June 8, 2014; ④ The Plaintiff ultimately did not appear at the disciplinary committee at least three times (round May 20, 2014, and June 13, 2014).

According to the facts of recognition, the intervenor shall send the notice of attendance of the disciplinary committee to the plaintiff in various ways and shall be given an opportunity to state the facts suspected of disciplinary action.

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