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(영문) 서울행정법원 2018.11.15 2017구합82680
교원소청심사위원회결정취소
Text

1. On July 19, 2017, the Defendant filed a claim for revocation of a dismissal disposition No. 2017-425 between the Plaintiff and the Intervenor joining the Defendant.

Reasons

. A self-audit was conducted, and during that process, the Plaintiff’s investigation was conducted on the following actions, and the E University Audit and Inspection Review Committee requested disciplinary action against the Plaintiff on March 2017.

On March 27, 2017, after deliberation by the teachers' personnel committee, the president of E University, and the resolution by the board of directors on March 28, 2017, on April 5, 2017, the intervenor demanded the teachers' disciplinary committee to make a disciplinary resolution against the plaintiff for the following reasons. On April 10, 2017, the intervenor dismissed the plaintiff from position.

On May 1, 2017, the Intervenor’s Disciplinary Committee decided to dismiss the Plaintiff for the following reasons, and on May 17, 2017, the Intervenor notified the Plaintiff that he/she was subject to dismissal for the following reasons:

(hereinafter “instant dismissal”). 1. At the time of being employed as the head of sports division, the Plaintiff has received cash in three times as follows from employees G of sports division at the time of being employed as the head of sports division:

(hereinafter referred to as "Disciplinary Reason 1"). * details of use (total of KRW 17,200,00) (1) 6,200,000 for employment support for athletic personnel (5) on May 2012 - H and I 2, 300,000 for employment support for the nursing department in May 2013, 2013, and 32,000,000 won paid by the Plaintiff to the Plaintiff for employment support from 2012, to receive a partial refund of the amount (including the Plaintiff’s claim that KRW 10,00,000,000, including the total of KRW 10,000,000 provided by the Plaintiff at the time of supporting assignment to a position for the preparation of employment support fund).

2. In the sports register, at least 54,00,000 won (at least 35,602,000 won from the J’s passbook, and at least 18,817,000 won from the G’s passbook), out of the expenditure of the sports register operating expenses, the sports register was executed with two bankbooks.

(hereinafter “Disciplinary Reason 2”. This is a teacher due to the embezzlement and misappropriation of public funds as a teacher, occupational breach of trust, disturbance of accounting order, and abuse of authority.

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