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(영문) 수원지방법원 2019.05.28 2018구합73202
감봉1월 처분 취소 청구의 소
Text

1. The Defendant’s disposition of salary reduction for one month against the Plaintiff as of July 18, 2018 shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. The Plaintiff was appointed as a teacher on March 1, 2005, and served in B high schools from March 1, 2016.

B. As of July 18, 2018, according to a resolution of the CDisciplinary Committee (hereinafter “Disciplinary Committee”), the Defendant rendered a disposition of reduction of salary for one month against the Plaintiff on the grounds that the Plaintiff violated Articles 56 (Duty of Fidelity) and 63 (Duty of Maintenance of Dignity) of the State Public Officials Act due to each of the following reasons.

This is the case where the plaintiff is a public educational official who requires higher morality and the case where three misconducts are concurrent, one month of reduction of salary which is heavier than the reprimand, considering the fact that the responsibility under Article 5 (1) of the Enforcement Rule of the Public Officials Disciplinary Decree could be determined at one step more than the heavy misconduct.

1. The fact that, on April 1, 2017, the same teacher made a speech of sexual harassment, such as “groscopic body gar,” “Iscopic body E” and “Iscopic body scopic body string,” and “Iscopic body E” to the teacher E in the school room of the Ministry of Civil and Human Rights Department of Living (hereinafter “the speech in April 2017”) during March 2017, on a sexual discriminative statement to the teacher E (the above speech was made in March 2017).

2. The fact that, as an assistant teacher of the Ministry of Human Rights in charge of improper management of accounting execution, the teacher F of the Ministry of Education neglected to use 30,000 won in the balance of the execution of the business promotion expenses reserved in the restaurant book on up to twice on March 20, 2017, by utilizing a total of 30,000 won on a total of two occasions on April 14, 2017, and the teacher F of the Ministry of Education neglected to use it for the meeting expenses of other teachers, and the teacher F of the Ministry of Health and Welfare neglected to manage the accounting execution by neglecting to use it for the meeting expenses of other teachers on six occasions on April 25, 2017.

3. According to Article 4 (Guidelines for Dealing with Descriptions of School Life Records) of the Manual, an employer in charge of the entry and correction of data on school life records shall be in charge of the relevant work;

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