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(영문) 수원지방법원 2017.09.05 2016구합2084
직위해제처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. From March 1, 2009 to February 28, 2014, the Plaintiff worked as the principal at the B elementary school located in Macheon-si, and was urged the students to directly teach the subjects of Korean history, Chinese characters, etc. as part of the after-school program (elementary school care class) from 2011. From March 1, 2011 to February 28, 2014, C works as the head of the educational planning department at the above B elementary school and took part in the after-school program to students as part of the after-school program.

B. The Board of Audit and Inspection, during the period from February 17, 2014 to March 21, 2014, audited “after-school operation status” and demanded the Plaintiff and C to take a disciplinary action against the Plaintiff on grounds of the following disciplinary grounds (hereinafter “the grounds for disciplinary action for the Plaintiff”) pursuant to Article 32(1) of the Board of Audit and Inspection Act.

(hereinafter “instant request for disciplinary action by the Board of Audit and Inspection” (hereinafter “instant request for disciplinary action”). 1. The Plaintiff’s disciplinary reasons against the Plaintiff were forced to include students who did not apply for the participation in school classes after school.

② From March 1, 2011, the Plaintiff instructed C to prepare documentary evidence of expenditure, such as a school log, and drafted false documentary evidence of expenditure, including a school log, as C took place 1,492 hours more than 1,957 hours more than the Plaintiff’s actual school hour, and as a result, the Plaintiff wrongfully received KRW 22,206,00 for school tuition after school programs.

③ As the principal of a school, the Plaintiff organized after-school classes in the class hours of duties to handle the affairs related to the operation of the school, and operated the class in the school room where the books and the teaching districts have not been kept, and did not conduct the class by consultation with the teachers and staff during the class.

④ The Plaintiff is a principal, such as approving documents on the date specified as class hours on the school day.

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