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(영문) 인천지방법원 2019.01.17 2017가합3082
정직2월처분취소
Text

1. On August 18, 2017, the Defendant confirmed that the two-month disciplinary action against the Plaintiff, which was taken against the Plaintiff, was null and void.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The defendant is a school foundation that establishes and operates C Middle Schools, D High Schools, E High Schools, and F High Schools, and the plaintiff is a private school teacher working for C Middle Schools as a sports teacher.

B. On July 19, 2017, Cmiddle School President G proposed disciplinary actions against the Plaintiff on the grounds that the Plaintiff continuously caused water without complying with the State Public Officials Act as a private school teacher, such as the Plaintiff’s duty of good faith, duty of obeying orders, duty of prohibition of escape from work, and duty to maintain dignity.

Accordingly, on July 31, 2017, the Defendant held a board of directors and decided to request the disciplinary committee to take disciplinary action against the Plaintiff, and the Defendant’s president, who is the person authorized to appoint and dismiss Cmiddle Schools, requested the disciplinary committee (hereinafter “instant disciplinary committee”) to take a disciplinary action against the Plaintiff.

C. On August 18, 2017, the instant disciplinary committee: (a) determined that the Plaintiff violated the duty of good faith under Article 56 of the State Public Officials Act applied mutatis mutandis pursuant to Article 55 of the Private School Act; (b) the duty to obey Article 57; (c) the duty to refrain from moving to a workplace under Article 58; and (d) the duty to maintain the dignity under Article 63; and (c) decided to take a disciplinary measure against

(2) In the event that a student fails to perform his/her duty of care or fails to perform his/her duty of care or fails to perform his/her duty of care or fails to perform his/her duty of care or fails to perform his/her duty of care or fails to perform his/her duty of care or fails to perform his/her duty of care (see, e.g., Supreme Court Decision 201Da1488, Apr. 1, 201).

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