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(영문) 서울고등법원 2015.05.20 2014누59940
파면처분변경결정취소 청구
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. The total cost of the lawsuit is resulting from the supplementary participation.

Reasons

1. Basic facts

A. The Plaintiff is a school foundation that establishes and operates CJ and C High School (hereinafter “instant school”), and the Intervenor has served as a commercial information teacher in the instant school since March 1, 2005.

B. On March 14, 2013, the Plaintiff’s teachers’ personnel committee held a committee to deliberate on a request for disciplinary action against an intervenor. The principal of the instant school proposed disciplinary action against an intervenor on March 18, 2013.

Accordingly, on April 2, 2013, the Plaintiff requested the teachers’ disciplinary committee to make a disciplinary resolution following the deliberation and resolution by the board of directors, and based on the following disciplinary resolution, the Plaintiff took disciplinary action against the Intervenor pursuant to Article 61 of the Private School Act (hereinafter “instant disciplinary action”) on the ground that the Intervenor’s act (hereinafter “instant disciplinary action”) violated the duty of good faith (Article 56), the duty to obey (Article 57), the duty to refrain from moving to a workplace (Article 58), the duty to maintain dignity (Article 63) under the State Public Officials Act applied mutatis mutandis pursuant to Article 55(1) of the Private School Act.

Around 08:10 on March 11, 2013, the intervenor suspended the meeting by putting in the planning room held in the principal room without permission, and interfered with the meeting's work by putting a strong objection against the personnel assigned to the position of the principal, interfering with the meeting's work, and the principal's failure to comply with the meeting's order although the principal "it was known that he did not inform him," and the assistant principal who took a bath for the principal teacher and took a abusive language against the assistant principal who prevented him, followed the table table of the principal, followed the course of the school room, followed the course of the school room, followed the course of the assistant principal's face, and destroyed the school room room.

(hereinafter “Disciplinary Reason 1”) The Intervenor: (a) was led to teachers around 08:30 on March 11, 2013; (b) then the Intervenor, due to the school affairs room, expressed a high desire to teachers and staff in the school affairs room; and (c) damaged the computers, fluences, etc. of the assistant principal due to a name tag attached to the assistant principal’s book; and (d) damaged the documents on the book and work place without permission.

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