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(영문) 대전지방법원 2019.07.17 2018구합1291
해임처분무효확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On March 1, 2006, the Plaintiff was newly appointed as a teacher of B elementary school on March 1, 2006, and was in office as C elementary school teacher in 2017.

B. On November 21, 2017, the General Disciplinary Committee of Chungcheongnam-do decided to dismiss the Plaintiff pursuant to Article 78(1)3 of the State Public Officials Act, on the ground that the following acts of the Plaintiff (hereinafter “instant misconduct”) were violated Article 63 of the State Public Officials Act, upon receiving a heavy disciplinary request from the Defendant against the Plaintiff.

On December 1, 2016, at around 23:10, the Plaintiff committed an indecent act by force against the victim by inserting the victim G (n, 29 years of age) (hereinafter “E”) who is a teacher of F elementary school after the Plaintiff worked in D, in front of the main point of “E” located in D, at the time, by telephone, getting the victim to board the victim’s passenger car steering place, and getting the victim to a nearby air H, and then getting the victim into the victim’s passenger car steering place in the said vehicle. The Plaintiff stated that “I want to cut off. I want to do so. I want to do so. I will am with the male-gu and several times. I want to am. I will am. I will am. I will am.” The Plaintiff bucked the victim’s chest, buckbbbbbbbbbbs, kn the victim’s

In addition, at around 02:00 on December 27, 2016, the Plaintiff committed an indecent act by force against the victim by putting the victim who was enjoying on the floor of the H building I in both hands, at the Plaintiff’s residence located in the H building I.

C. Accordingly, on December 13, 2017, the Defendant issued a dismissal order against the Plaintiff (hereinafter “instant disposition”). D.

On the other hand, on November 24, 2017, the first instance court of the relevant criminal case (Seoul District Court Seosan Branch 2017Kadan803) found the Plaintiff guilty of the above criminal facts, and ordered the Plaintiff to complete a sexual assault treatment program with a fine of 3 million won and 40 hours, and the Plaintiff appealed against this order, and the appellate court ( Daejeon District Court 2017No380) rendered a judgment of the first instance court on the ground that the first instance court’s punishment was heavier than that of July 4, 2018.

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