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(영문) 서울고등법원 2014.10.17 2014재누60
의원면직소청심사결정취소
Text

1. The lawsuit of this case shall be dismissed.

2. The cost of review shall include the part resulting from the intervention.

Reasons

1. Following the conclusion of the judgment subject to a retrial is apparent or obvious in records in this court.

The plaintiff is a person who was appointed as an assistant professor on March 1, 2009 (from March 1, 2009 to February 28, 201) and served as an intervenor.

B. On Oct. 13, 2010, the Intervenor received information that the Plaintiff was sexual harassment against the Intervenor’s student, and conducted fact-finding on Oct. 13, 2010, the Intervenor held a fact-finding committee to conduct fact-finding as to the content of the above information. Thereafter, on Oct. 19, 2010, the Plaintiff prepared and submitted a resignation letter (hereinafter “instant resignation”).

C. On October 19, 2010, the teachers’ personnel committee of B University, which held on October 19, 2010, decided to accept the instant resignation submitted by the Plaintiff. On October 20 of the following day, the Intervenor approved all the above resolutions by the teachers’ personnel committee.

After that, on January 27, 2011 and February 10, 2011, the Plaintiff submitted an application to the Intervenor for the withdrawal of the intention to resign. Accordingly, on February 21, 2011, the teachers’ personnel committee held on February 21, 2011 dismissed the Plaintiff’s request for withdrawal of resignation. On February 25, 2011, the Intervenor notified the Plaintiff that he was dismissed from office by resignation as of February 28, 201.

(hereinafter “instant disposition of dismissal from office”). (e)

On March 15, 2011, the Plaintiff filed a petition with the Defendant on the ground that the instant disposition of parliamentary dismissal was an unfavorable disposition against the Plaintiff’s will. However, the Defendant dismissed the petition on June 13, 201.

(f) The Plaintiff filed a lawsuit against the Defendant seeking revocation of the instant decision as Seoul Administrative Court 201Guhap29816, but the judgment dismissing the Plaintiff’s claim was rendered on February 16, 2012, and the Plaintiff appealed with Seoul High Court 2012Nu8900, but dismissed the Plaintiff’s appeal on October 31, 2012.

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