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(영문) 서울행정법원 2016.12.23 2016구합2397
해임처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.

Reasons

The intervenor in the process of the decision is a school foundation that establishes and operates the C University (hereinafter referred to as the “university of this case”). On March 1, 2003, the Plaintiff was newly appointed as dance and teaching staff of the University of Public Performance and Arts and served as dance and teaching staff of the University of this case from January 1, 2009 to February 2012 and 2014.

On June 22, 2015, the president of the instant university requested the Intervenor’s Disciplinary Committee to take a disciplinary measure against the Plaintiff. On July 17, 2015, the Intervenor’s Disciplinary Committee decided to dismiss the Plaintiff and notified the president of the resolution on the disciplinary measure. Accordingly, on July 27, 2015, the Plaintiff’s president imposed a disciplinary measure against the Plaintiff on the Plaintiff on the ground that the Intervenor’s Disciplinary Committee decided to dismiss the Plaintiff.

(2) On June 24, 2014, 200,000 won from the Plaintiff’s University dance and student conference conference conference conference conference conference conference conference conference conference conference conference conference conference conference conference conference conference conference conference conference conference conference conference conference conference conference conference conference conference conference conference conference conference conference conference conference conference.

7. 4. 9 million won borrowed from dances and student membership fees, thereby embezzlement and misappropriation of student membership fees, and infringing on the rights of students by abusing the superior position.

(2) From 2012 to 2014, the Plaintiff: (a) had dance and foreign professor E provide guidance on special lectures in addition to regular lectures; (b) paid the special lecture fees; (c) failed to pay KRW 5,100,000,000 for the special lecture fees in 2014; (d) neglected to perform the duties as the head of a department to instruct the execution of the special lecture fees in compliance with normal procedures; and (e) embezzled and misappropriated public funds.

(hereinafter “Disciplinary Reason No. 2”) 3. The Plaintiff operated the special employment scholarship without agreement between the students who actually worked and the students who reported to the university and college, and did not return the unpaid cash amount of one million won after receiving it from the teaching assistants, thereby making a false report to the university of this case.

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