1. The plaintiff's claim is dismissed.

2. The costs of litigation shall be borne by the Plaintiff, including by supplementary participation.

Details of the disposition

The plaintiff is a school foundation that establishes and operates C High School, and the intervenor is a teacher who served in C High School from March 1, 1992.

The intervenor, from April 2012 to February 2014, the C High School faculty members (excluding fixed-term teachers and contractual workers) were working as the chairperson of C High School-Friendly Council (hereinafter “Friendly Council”) who is a member.

On December 16, 2014, the Plaintiff’s teachers’ disciplinary committee decided to dismiss the Intervenor on the ground that “the Intervenor’s act constitutes embezzlement of public funds since the Intervenor used the friendship membership fee (hereinafter “friendly membership fee”) paid by the friendship members in his/her personal account while in his/her position as the president of friendship (hereinafter “the instant friendship membership fee”) for personal purposes. This constitutes dismissal of the Intervenor on January 6, 2015 (hereinafter “instant dismissal disposition”) on the grounds that the rules on disciplinary action on public educational officials, etc. (Article 173 of the Rules on Disciplinary Punishment, etc. of the Ministry of Education, Science and Technology, February 28, 2013; hereinafter “Rules on Disciplinary Punishment, etc.”) [Attachment] of the Rules on the Punishment, etc. of Public Educational Officials (Articles 173, 2013; hereinafter “Rules on Disciplinary Punishment, etc.”).

On February 3, 2015, the Intervenor filed a petition seeking the revocation of the instant dismissal disposition. On April 23, 2015, the Defendant rendered a decision to revoke the instant dismissal disposition on the ground that “The Plaintiff is not a public fund but a public fund, and the Plaintiff’s embezzlement is not recognized, and it does not constitute embezzlement, and thus is not recognized.” (hereinafter “decision 1”).

The plaintiff filed a lawsuit seeking revocation of the first decision, and the Seoul Administrative Court rendered the Seoul Administrative Court on April 1, 2016, which is not a public fund, but the intervenor's membership fee is private in violation of the purpose of the entrustment by the friendship members.