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(영문) 대전지방법원 2019.05.23 2017구합105943
해임처분취소청구 기각결정취소 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.

Reasons

1. Details of the petition review and decision;

A. On September 1, 2015, the Plaintiff is a person who was appointed as an assistant professor with the department of disaster facility safety and as an assistant professor at C University and was in office.

The Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) is a school foundation that establishes and operates the C University.

B. On June 16, 2016, C University received “the progress report related to the recovery of expenses incurred in implementing the basic research support project of the D Foundation in 2015”, and on June 23, 2016, organized a fact-finding committee to conduct fact-finding activities, and notified the Industry-Academic Cooperation Foundation of the results of fact-finding activities on October 20, 2016.

C. On November 1, 2016, the C University Teachers Personnel Committee (hereinafter “School Teachers Personnel Committee”) decided to request disciplinary action against the Plaintiff. On November 18, 2016, the president of C University recommended a resolution on disciplinary action against the Plaintiff to the Intervenor.

On November 29, 2016, an intervenor held a board of directors and deliberated and resolved on a proposal for a request for disciplinary decision against the Plaintiff, and the Intervenor’s teachers’ disciplinary committee (hereinafter referred to as “ Teachers’ Disciplinary Committee”) deliberated on the disciplinary action against the Plaintiff on December 13, 2016 and January 11, 2017.

E. On January 16, 2017, the teachers’ personnel committee discovered additional suspicions against the Plaintiff and deliberated on and decided to submit it to the Intervenor’s board of directors, and C. D.

On January 31, 2017, the intervenor requested the teachers' disciplinary committee to make an additional disciplinary resolution against the plaintiff, after following the proposal procedure of president of Cuniversity, and the intervenor's resolution procedure of the board of directors of the intervenor.

F. On February 17, 2017, the teachers’ disciplinary committee held the third meeting to hear the Plaintiff’s statement, and finally held and deliberated on March 3, 2017, “the Plaintiff’s dismissal” against the Plaintiff on the grounds that ① false lectures and subjective sexual records, ② verbal abuse and remarks against employees, ③ violation of the procedure for employing assistant instructors and personal information, ④ non-compliance with the submission of materials, ⑤ violation of the procedure for the submission of materials, ⑤ violation of the procedure for the enforcement of the minutes, and 7 interference with business.

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