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(영문) 수원지방법원 2019.04.25 2018구합69647
해임처분취소
Text

1. The Defendant’s dismissal disposition against the Plaintiff on April 3, 2018 shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

Details of the disposition

The Plaintiff served as a teacher of a private school from March 1, 2003, and was appointed as a public educational official on March 1, 2014. From March 1, 2017 to October 25, 2017, the Plaintiff served as a teacher at a middle school.

On September 25, 2017, the Defendant received civil petitions that the Plaintiff violated the prohibition of profit-making business, etc., and on October 24, 2017, received counseling for grievances that the Plaintiff had sexual harassment on students, and requested the Gyeonggi-do General Disciplinary Committee on Disciplinary Measures against the Plaintiff on December 2, 2017 after investigating the said facts.

However, on January 9, 2018, the General Disciplinary Committee for Public Officials of Gyeonggi-do judged that it was a heavy disciplinary measure, and rejected the request for a resolution on disciplinary action against the plaintiff.

On February 28, 2018, the Defendant requested the Gyeonggi-do General Disciplinary Committee for Public Officials to take a heavy disciplinary measure against the Plaintiff. On March 21, 2018, the Gyeonggi-do General Disciplinary Committee for Public Officials decided that the Plaintiff violated the duty of profit-making and prohibition of concurrent office under Article 64(1) of the State Public Officials Act and the duty of maintaining dignity under Article 63 of the State Public Officials Act, and decided to dismiss the Plaintiff, and accordingly, the Defendant issued a dismissal disposition against the Plaintiff (hereinafter “instant disposition”).

1. From March 2017 to August 2017, the Plaintiff received six times the average of KRW 90-1 million per month from C during every Saturday, and every four hours every six hours every hour every day every day every day from Sundays, and even if he/she concurrently received 700,000 won every month from Diplomatic Association during the period from January 2017 to October 2017, the Plaintiff did not obtain permission to hold a concurrent office from the head of the agency to which he/she belongs in advance, even though he/she received eight times the profits and continuously received 70,000 won every month from Diplomatic Association during the period from January 2017 to October 2017.

2. On August 3, 2017, the claimant of the second disciplinary cause caused female students to feel sexually off from three female students by brooming female students into brooms during the end of the third grade and the end of the third grade session (Disciplinary Reason No. 2-1), and female students’ specific physical parts at ordinary school.

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