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(영문) 서울고등법원 2015.10.21 2015나2003363
해고무효확인
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. (i) On March 1, 1990, the Plaintiff was appointed as Chigh School teacher established and operated by the Defendant.

On March 6, 2009, the Defendant removed the Plaintiff on the grounds of disciplinary reasons, such as that the Defendant posted confidential data at school on the Internet portal site to see the school image.

(2) On June 23, 2009, the Plaintiff filed a petition for the review of the appeal, and the Appeal Committee for Teachers (hereinafter referred to as the “Appeal Committee for Teachers”) revoked the first removal on the ground of procedural defects, such as the Plaintiff’s failure to undergo a review by the Teachers Personnel Management Council. The Defendant held a board of directors on June 29, 2009 and removed the Plaintiff again on August 24, 2009 (hereinafter referred to as “the second removal”). The Plaintiff filed a petition for the review of the appeal against it.

On December 14, 2009, the appeals review committee recognized only a part of the Plaintiff’s misconduct as a disciplinary cause, and subsequently, violated the Plaintiff’s duty of good faith, duty of obey, duty of confidentiality, and duty of maintenance of dignity, but the removal disposition was somewhat excessive in light of the Plaintiff’s act.

(hereinafter “instant decision”). On March 26, 2010, the Plaintiff filed a lawsuit seeking revocation of the instant decision with the Seoul Administrative Court (2010Guhap14749).

On November 5, 2010, the above court revoked the decision in this case on the ground that the Plaintiff’s disciplinary reasons (the same as the stated in the previous disciplinary reasons) are recognized, but the disciplinary action is excessive.

Therefore, the appeals review committee appealed, but the appellate court (Seoul High Court 2010Nu43701) dismissed the appeal on July 13, 2011.

The above lawsuit was concluded around that time.

B. The Plaintiff was elected D around June 2010, when the said lawsuit was pending, following the Seoul Special Metropolitan City D's election.

The plaintiff is from July 1, 2010 to June 30, 2014.

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