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(영문) 부산고등법원 2013.02.20 2012누2948
해임및징계부가금처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The issues of the first instance court and the issues of the first instance court's determination on this issue are whether the instant disposition (Removal and disciplinary surcharge) was abused or abused beyond the scope of discretion due to excessive suspicion.

In light of the circumstances that the Plaintiff notified his bank account number to his parents of text messages and received money from his bank account, the Plaintiff’s receipt of such money seems to be due to the Plaintiff’s strong pressure using the status of elementary school teachers rather than due to his parents’ voluntary will. ② The Plaintiff was under the period of restriction on promotion by being subject to a disposition of three months of suspension due to acts similar to the disciplinary cause(2) of September 17, 2010. On March 7, 2011, the Plaintiff participated in the resolution of the Anti-Corruption and Corruption Council and was under the operation training for the practice of anti-Corruption and Corruption, such as the operation of the large reporting center within the school and the eradication of the village demand, and again received money and valuables from his parents. The Plaintiff’s act violates his duty of integrity as a public educational official and infringes his dignity. ③ In light of the circumstances that the Plaintiff received money and valuables for profit-making activities, it appears that the Plaintiff was subject to the Plaintiff’s 10-year suspension and 20-year suspension for the Plaintiff’s emotional distress and 14.

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