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(영문) 서울행정법원 2019.06.14 2018구합86016
교원소청심사위원회결정취소
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 disposition;

A. The Intervenor joining the Defendant is a male teacher who established and operates a D High School (hereinafter “instant school”), and the Plaintiff is a male teacher who was newly appointed to the instant school on March 1, 2010 and served as a school teacher.

B. Around July 2017, the Plaintiff of 50 teachers at the instant school was born in 1981. A report was received that the Plaintiff sexual intercoursed with a female student, and on July 14, 2017, the instant school conducted a survey on the transfer of sexual assault against the student, and the aforementioned transfer survey provided a statement that “the Plaintiff is confined to female students’ bodies.”

C. Since then, the Plaintiff’s investigation was initiated on the charge of violating the Act on the Protection of Children and Juveniles against Sexual Abuse and Child Welfare (Indecent Act by compulsion) (Article 2017-type No. 16843). On March 27, 2018, the Prosecutor issued a disposition of non-prosecution on the charge of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by compulsion by force), and issued a disposition of non-prosecution on the charge of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by force), and issued a notice of the result thereof to the Busan Metropolitan City Office of Education.

The term "the plaintiff" means the plaintiff of a suspect violating the Act on the Protection of Children and Juveniles against Sexual Abuse.

The same applies below. From March 2016 to June 2017, 2017, the victim E’s side glass and inside arms of the victim E are added several times; during the same period, the victim F’s side glass and inside and outside arms, and the fact that the victim’s side glass and inside arms are added several times from March 2017 to April 2017 is recognized.

The victims respond to the survey that "the students' body or sexual harassment is about or damaged while living in school", and the suspect stated that he was displeasure and surtified at the time of appearance.

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