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(영문) 서울북부지방법원 2019.10.17 2018가합26363
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 foundation that establishes and operates C University.

From March 1, 1994, the Plaintiff served as professor of the Diplomatic Department of C University.

B. From March 1, 1995, E was a person who worked as a professor of the D branch of C University, the Plaintiff. On June 1, 2017, E reported to the Gender Equality Counseling Board at C University, that “Plaintiff was responsible for the management of the Plaintiff, left the Plaintiff, and her son was able to do so on several occasions at F near C University on May 27, 2017” (hereinafter “the instant report”).

C. The Defendant’s Gender Equality Counseling Board determined that the Plaintiff’s act constituted sexual harassment as a result of the investigation of the instant report.

On August 10, 2017, the Defendant dismissed the Plaintiff on August 11, 2017 on the ground that the Plaintiff violated the duty to maintain dignity under Article 5 of the C University Teachers Service Regulations, and that he/she committed an act falling under sexual harassment under Article 2 of the Regulation on the Prevention and Management of Sexual Harassment and Sexual Violence against C University.

(hereinafter referred to as “the primary dismissal”). D.

The Plaintiff filed a lawsuit with the Seoul Northern District Court seeking confirmation of invalidity of the first dismissal disposition, and on July 11, 2018, the said court determined that the first dismissal disposition was null and void on the ground that the Plaintiff’s motion for challenge against a member of the Teachers’ Disciplinary Committee was procedurally unlawful (2017Gahap27406 case), and that the said judgment became final and conclusive.

E. After that, the Defendant dismissed the Plaintiff on August 31, 2018, following a resolution by the Teachers’ Disciplinary Committee, for the same reason as the first dismissal on August 31, 2018.

hereinafter referred to as "disposition of Removal of this case"

A. Specific grounds for disciplinary action against the Plaintiff are as follows.

C. On November 30, 2015, the Plaintiff, who violated the duty to maintain dignity under Article 5 of the C University Teachers’ Service Rules, was experiencing conflict with E at a meeting of the department from February 2015, and was about 23:30 to 00:00.

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