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(영문) 광주지방법원 2017.11.09 2017구합10739
정직처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the instant disposition

A. On March 1, 199, the Plaintiff was newly appointed as an elementary school teacher and transferred to an education and research company on September 1, 2013. From September 1, 2014, the Plaintiff served in the division B of the Gwangju Metropolitan Office of Education (hereinafter “instant division”) upon the issuance of a bachelor’s degree from September 1, 2014. Nonparty C was employed from November 1, 2016 to November 4, 2016 as the instant B and D practical staff, and served in the Incheon Metropolitan Office of Education along with the Plaintiff.

B. On November 29, 2016, the Defendant: (a) violated the Plaintiff’s duty to maintain dignity by sexual harassment against C; (b) was subject to the instant disciplinary action for two months of suspension from office on the grounds as delineated below.

직장 상급자로서 신규 인턴 여직원에게 ‘등을 만지고, 얼굴 가까이에서 빤히 쳐다보고, 손을 잡으려고 하고, 앞에서 껴안은 행위’ 등 혐의자의 성적인 언동은 남녀고용평등과 일가정 양립 지원에 관한 법률 제2조 제2호 및 국가인권위원회법 제2조 제3호 라목, 양성평등기본법 제3조 제2호의 ‘성희롱’에 해당하며, 남녀고용평등과 일가정 양립 지원에 관한 법률 제12조(직장 내 성희롱의 금지)를 위반한 것으로 판단된다.

Therefore, the above act of a suspect constitutes Article 69 of the Local Public Officials Act in violation of Article 55 (Duty to Maintain Dignity) of the same Act, and Article 2 of the Rules on Disciplinary Measures against Public Educational Officials, Article 10 of the Decree on Disciplinary Measures against Public Educational Officials, and Article 10 of the Decree on Disciplinary Measures against Public Educational Officials, and Article 55 of the same Act are against the suspect.

C. On December 5, 2016, the Plaintiff dissatisfied with the instant disciplinary action, filed a petition review with the Appeal Commission for Teachers, but the Appeal Commission for Teachers decided to dismiss the said claim on January 18, 2017.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, Eul evidence Nos. 1 and 4, the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. The defendant's counterpart auditor shall be this.

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