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(영문) 서울고등법원 2016.12.07 2016누51216
파면처분취소결정취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal, including the costs of supplementary participation, are all assessed against the Plaintiff.

Reasons

1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the dismissal or addition of part of the judgment of the court of first instance as follows. Thus, this is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2. The second part of the second part of the grounds for dismissal or addition, stating that “The third teachers’ disciplinary committee requested a heavy disciplinary resolution on the Intervenor,” “The Plaintiff demanded a disciplinary resolution on the Intervenor, and the Plaintiff requested a disciplinary resolution on the Intervenor.” The Plaintiff said that “The third teachers’ disciplinary committee requested a disciplinary resolution on the Intervenor.”

Article 3 (Basic Ethics of Teachers and Staff), Article 5 (Prohibition of Mediation and Solicitation), Article 7 (Measures against Orders, etc. Obstructing Fair Performance of Duties) (1) and Article 8 (Prohibition of Intervention, etc.) of the Regulations on the Ethics of Teachers and Staff on the Grounds of the following, shall be added in the front of Part 9 of the second ground, and the defendant shall be deemed to have violated Article 3 (Basic Ethics of School Personnel), Article 5 (Prohibition of Mediation and Solicitation) (1) and Article 8 (Prohibition of Intervention, etc.).

Part 1 to 2 below the 4th election, the "Examination of Appeal" shall be dismissed as "Examination of Appeal (2015-240)", and the "Recognition of Appeal" in Part 3 shall be added to "(6, 7 grounds for Disciplinary Action)."

Gap evidence 6 shall be added to the fifth upper part (which is the ground for recognition).

All of the witness Q in the 6th and 14th of the 11st, is dismissed as “the witness Q of the first instance trial,” and the 17th of the 17th, “A according to the purport of the entire pleadings,” as “A or 26, comprehensively taking account of the purport of the entire pleadings.”

After the 6th page of the 13th page, the “assumed” has special close relationship with the Intervenor and E in addition to the “assumed graduate school of M University.”

or between the Intervenor and E, there were any circumstances in which solicitation, etc. was made in connection with the appointment of E.

L professors who have participated in the basic review and major review together with the intervenor.

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