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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. After being appointed as a public educational official on June 1, 1978, the Plaintiff promoted to the principal on March 1, 2014. From March 1, 2016, the Plaintiff served as the principal at C Middle School.
B. From October 13, 2016, the Office of Education of Gyeongnam-do started an audit against the Plaintiff (hereinafter “instant audit”), and on December 14, 2016, the Superintendent of Gyeongnam-do Office of Education issued a disposition of removal from position against the Plaintiff (hereinafter “the first removal from position”) in accordance with Article 73-3(1)2 of the State Public Officials Act on the ground that “the first removal from position is considerably problematic in school management capacity as the principal, such as a violation of a duty of loyalty, a violation of a duty of prohibition against escape from a workplace, and a violation of a duty to maintain dignity.”
C. On December 15, 2016, the Audit Disposition Deliberation Council for deliberation on the instant audit results was held on December 15, 2016, and as a result of the deliberation, decided to demand the Plaintiff to “serious disciplinary and disciplinary additional charges (three times).”
(The Audit Disposition Council of this case (hereinafter referred to as the "Audit Disposition Council of this case") shall be referred to as the "Audit Disposition Council of this case," and the decision shall be referred to as the "Audit Disposition Council of this case").
On December 27, 2016, the Superintendent of the Provincial Office of Education requested the General Disciplinary Committee on Public Educational Officials (hereinafter referred to as the “General Disciplinary Committee of this case”) to decide on heavy disciplinary action against the plaintiff and disciplinary additional charges (three times) on the ground of the violation of the duty of good faith and the duty of maintaining dignity.
(hereinafter “Request for instant disciplinary resolution”). E.
On December 28, 2016, the Superintendent of the Provincial Office of Education issued a disposition of removal from position against the Plaintiff pursuant to Article 73-3 (1) 3 of the State Public Officials Act (hereinafter “instant disposition of removal from position”).
On January 27, 2017, the Plaintiff dissatisfied with the instant first disposition of dismissal from position and the instant disposition of removal from position, and filed an administrative appeal with the Central Administrative Appeals Commission seeking revocation of the said dispositions with the Superintendent of the Provincial Office of Education as the respondent. The Central Administrative Appeals Commission filed an administrative appeal with the Central Administrative Appeals Commission on March 10, 2017.