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(영문) 수원지방법원 2018.06.07 2017구합68166
해임처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff was appointed as a public educational official from March 1, 2002 and served in B high schools from March 1, 2012.

B. On December 28, 2016, the Defendant issued a disciplinary measure to dismiss the Plaintiff upon the resolution of the Gyeonggi-do General Disciplinary Committee for Public Educational Officials (hereinafter “instant measure”) pursuant to Article 78(1) of the State Public Officials Act, on the ground that the Plaintiff committed the following acts (hereinafter “instant disciplinary measure”), and each of the disciplinary grounds violates Articles 56 (Duty of Fidelity) and 63 (Duty of Fidelity) of the State Public Officials Act.

The head of the school at the school room in June to July, there is a fact that the chest fluor was sexually indecent act by a student C's lower booms with his fingers.

(C) In the class of the 3th grade class of July 11, 200, the District Court held that the student D was inside the school, and that the Plaintiff committed sexual indecent conduct in which the fluenite was sealed by arms.

In addition, the victim has caused a sense of sexual humiliation by stating that "the victim is to report" and "not a brupted pipe."

There was a sexual indecent act committed against D's side flag due to the fingers from the early school office in September 201 to the student D and the entrance counseling.

There is a fact that C's body is about to see the body of the body of the body of the body of the body of the body of the body of the body of the body of the body.

A student E, F, and G are consulted with each other at the school office of the Gu, and there is a fact that the damaged student feel a sense of sexual humiliation.

㉳ 복도에서 학생 E에게 볼을 만지고 꼬집어 성적 수치심을 느끼게 한 사실이 있다.

㉴ 교무실과 복도에서 학생 H, I에게 “남자친구 해주겠다”는 등의 말을 하며 팔짱을 세게 껴 피해학생들이 성적 수치심을 느끼게 한 사실이 있다.

㉵ 3학년 11반 교실과 교무실에서 학생 J에게 “입 집어넣어. 뽀뽀해버린다”라고 하였고, 8월 복도에서 조퇴를 원하는 학생 K에게 “뽀뽀해줄게 가지말라”고...

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