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(영문) 부산지방법원 2019.05.16 2018가합42395
해임무효확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant is a school foundation which establishes and operates Chigh Schools (hereinafter "the school of this case"). The plaintiff was employed as chemical engineering and teacher at D High Schools from March 18, 1989 to work as a teacher in charge of D High Schools. Around March 2009, D High Schools changed the school name to the school of this case and worked as a teacher in charge of students' career counseling at D High Schools.

B. A disciplinary measure against the Plaintiff 1) The Defendant’s Disciplinary Committee decided to dismiss the Plaintiff on December 7, 2015, and the Defendant removed the Plaintiff from office on December 18, 2015 as follows (hereinafter “instant disciplinary measure”).

(1) On July 5, 201 of the written resolution on disciplinary action, the notice was given. In light of the fact that a teacher was subject to disciplinary action for one month due to violating his/her duty to maintain dignity as a teacher during the class hours on July 5, 201, the disciplinary action was taken on July 9, 2012 due to a minor’s indecent act or his/her school principal’s non-compliance with his/her order, etc., and thereafter, he/she was subject to disciplinary action for one month of his/her salary reduction at the Appeal Committee for Teachers: (a) on September 2, 2014; and (b) on September 3, 201, he/she did not give lessons to students; (c) on the other hand, he/she seriously infringed the student’s right to learn between 35 minutes and 40 minutes; (d) on the part of his/her teachers and staff members, he/she did not constitute a violation of his/her duty to notify a public official of offense in the Busan Metropolitan Office of Education; (d)

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