logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.06.12 2013가합53811
해임처분무효확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a school juristic person operating C University (hereinafter “Defendant University”); the Plaintiff was appointed as an associate professor in the social department of the humanities University on March 1, 1997, and the Plaintiff was appointed as the associate professor on March 1, 200, and the professor on March 1, 2005, who was promoted to the professor on March 1, 2005, as a faculty member of the Defendant University, who was enrolled in the social welfare department and doctorate degree course of the Defendant University (hereinafter “D, etc.”), and was directed professor at D, E, and F (hereinafter “the above three persons”).

B. Around February 22, 2012, the Gender Equality Center of the Defendant University demanded a resolution against the Plaintiff on the ground that the Plaintiff committed sexual harassment under Article 2(1)1 of the “Rules on the Prevention and Treatment of Sexual Harassment and Sexual Violence” and sexual assault under Article 2(2) of the “Rules on the Prevention of Sexual Harassment and Sexual Violence,” upon receiving the report from the Plaintiff, was investigated against the Plaintiff.

C. On August 21, 2012, the Defendant University demanded the Teachers’ Disciplinary Committee to take disciplinary action against the Plaintiff, and on February 1, 2013, the Teachers’ Disciplinary Committee decided to dismiss the Plaintiff on the ground that the Plaintiff committed an act falling under Article 61(1)1 and 3 of the Private School Act, such as the attached Form “written reason for disciplinary action against Professor” (hereinafter “instant dismissal disposition”), and on February 7, 2013, notified the Plaintiff of the instant dismissal disposition.

The Act related to the dismissal disposition of this case and the provisions of the defendant university are as follows.

Article 61 (Causes and Types of Disciplinary Action) (1) Where a teacher of a private school falls under any of the following subparagraphs, the person who is authorized to appoint and dismiss the relevant teacher shall request a disciplinary decision and take a disciplinary action according to the result of such disciplinary decision:

1. Where he performs an act contrary to the teacher's principal portion in violation of this Act and other education-related Acts and subordinate statutes;

3. Where he commits an act detrimental to his dignity as a teacher regardless of whether he is on or off duty.

arrow