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1. It is confirmed that the Defendant’s dismissal on April 5, 2018 against the Plaintiff is null and void.
2. The defendant shall be the plaintiff.
(a) 73.
Reasons
1. Basic facts
A. The Plaintiff was newly appointed as Chigh School Teachers on March 1, 1992, and was transferred to D High School on March 1, 2006 and was in office as Korean language teachers.
B. Around October 25, 2017, when a public notice was posted to the effect that some teachers committed sexual harassment and verbal violence in D High School, the office of education at the Gyeongnam-do conducted a case of sexual harassment, etc. that occurred at D High School. On October 27, 2017, the Defendant filed a criminal complaint with the Yangsan Police Station on the Plaintiff’s sexual harassment, etc.
C. On November 22, 2017, the Defendant issued a disposition of dismissal from one’s position to the Plaintiff, and suspended the payment of wages from the month. On March 9, 2018, the office of education at the Gyeongnam-do notified the Defendant of the result of audit requesting the Defendant to take a heavy disciplinary measure on the Plaintiff’s sexual harassment, etc., and on March 22, 2018, the Defendant requested the Defendant’s disciplinary measure against the Plaintiff to the teachers’ disciplinary committee of Defendant corporation. On March 30, 2018, the teachers’ disciplinary committee decided to dismiss the Plaintiff on the ground that the disciplinary measure (hereinafter “instant disciplinary measure”), as follows, violates Article 17 subparag. 2 and 5 (Prohibition of Sexual Abuse) of the Child Welfare Act (Prohibition of Sexual Abuse) and Articles 56 (Duty of Good Faith) and 63 (Duty of Care) of the State Public Officials Act applied mutatis mutandis under Article 55 of the Private School Act.
체형교정의 목적으로 교실 내에서 다수의 학생들이 지켜보고 있음에도 허리나 어깨가 아프다는 학생들에게 담요를 바닥에 깔고 등 부위를 천장으로 눕게 한 다음, 어깨, 등, 허리, 다리 등을 양손으로 누르거나 학생으로부터 어깨 안마를 받는(직접요구 여부는 불명확) 등의 신체접촉을 하였고, 학생들과 상담시간 중 자신의 무릎 사이에 학생의 무릎을 끼우거나 학생의 팔에 팔짱을 끼고 등을 밀착시켜 기대는 등 감수성이 예민한 여학생의 팔목과 어깨, 등 부위의 신체를...