1. The plaintiff's claim is dismissed.

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

1. From March 1, 2015, the Plaintiff served as a teacher at C Elementary School operated by the Defendant.

On September 10, 2015, the Defendant dismissed the Plaintiff (hereinafter “instant dismissal disposition”), but the dismissal disposition was revoked by the court’s judgment.

(Seoul District Court Decision 2016Guhap100620 case, Daejeon High Court Decision 2016Nu12392, Supreme Court Decision 2017Du37468, and hereinafter “instant judgment”). The Defendant demanded a heavy disciplinary decision against the Plaintiff on the ground of the remaining grounds (such as verbal abuse against students’ human rights, neglect of guarantee of student human rights, and visit at home without the prior consent of parents) except for the reasons that are not recognized as grounds for disciplinary action. On September 1, 2017, the Plaintiff was released from position (hereinafter “instant removal”).

On November 1, 2017, the Defendant rendered a disposition of suspension from office for three months against the Plaintiff on the ground of the foregoing grounds for disciplinary action.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 3 (including paper numbers), the purport of the whole pleadings

2. Determination

A. The summary of the Plaintiff’s assertion did not make a sufficient investigation despite the absence of grounds for disciplinary action against removal or dismissal, and caused mental suffering to the Plaintiff through the instant dismissal disposition.

Although the court's decision to revoke the dismissal of the plaintiff became final and conclusive, the defendant dismissed the plaintiff from his position on the ground that the contents recognized as grounds for disciplinary action constitute grounds for disciplinary action.

This removal is an illegal and unfair disposition that leads to a retaliation against the plaintiff.

The defendant did not make all efforts to discover the substantive truth, and only took into account the parent's position who filed a civil petition, and did not provide the plaintiff with an opportunity to vindicate.

In addition, as if the defendant's dismissal disposition became final and conclusive, the defendant will open the contents of dismissal to form a negative public opinion against the plaintiff.