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(영문) 서울행정법원 2018.01.11 2017구합66275
해임처분취소결정취소
Text

1. On May 10, 2017, the Defendant filed a claim for removal from position or revocation of dismissal against the Plaintiff and the Intervenor joining the Defendant.

Reasons

1. Details of the decision;

A. The Plaintiff is a school foundation operating C High School, D High School, E High School, and the Intervenor joining the Defendant (hereinafter “ Intervenor”) was appointed as a fixed-term teacher around March 2006 as C High School Teachers on and around March 2009. Around February 2012, the Plaintiff was transferred to E secondary school and served as D High School Teachers from March 2015 (hereinafter “instant school”).

B. On January 10, 2017, the instant school disciplinary committee and the Plaintiff’s board of directors decided to dismiss an intervenor for the reasons specified in the table below (hereinafter “instant disciplinary cause”), which was held on the same day. The Plaintiff notified the Intervenor of the dismissal on the same day.

(hereinafter “instant dismissal disposition”). The intervenor committed the same act as indicated below against the student (hereinafter “the instant speech”). The Intervenor’s speech and behavior in this case can be acknowledged as sexual harassment by causing sexual humiliations or aversions to feel sexual humiliations by using the position defined in Article 2 subparag. 3 (d) of the National Human Rights Commission Act. It constitutes sexual harassment against a child under subparagraphs 2 and 5 of Article 17 of the Child Welfare Act and emotional abuse that harms the mental health and development of a child, and constitutes a violation of the duty of good faith under Article 56 of the State Public Officials Act, and constitutes grounds for disciplinary action under Article 78(1)1 and 2 of the same Act.

On February 2016, the content of the damaged student's damage caused many days, the number of F 5th century was easy, the theory was not taught, and the Handphone was easy to do so.

In the class hours, the pedagogy and personal attack of students were imposed on students, and only the students are required to do so, and even when they were asked to do so, it was not easy to do so.

On February 2, 2016, 2016, the term “na site horse” and “Bara” were referred to as “Bana site horse” and “Bara”.

In February 2015, sports classes can not be given during the H-sports hours.

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