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(영문) 창원지방법원 2018.09.05 2017구합53239
견책처분취소
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 an elementary school teacher on July 1, 2002, and served at C elementary school located in Gyeong-gun, Gyeongnam-gun from March 1, 2014 to February 28, 2017.

(At present, it is working at Liber Elementary School located in the Halan-gun of the Halan-gun. (b)

Meanwhile, E (the Plaintiff’s University’s transfer) who worked as a teacher at a D elementary school wanted to transfer to C elementary school, which is a remote area school, in order to receive additional points of work at a remote area school under Article 41(5)1 of the Public Educational Officials Promotion Regulations. However, C elementary school became aware that if the first and sixth-year students are added to one, the number of teachers may increase and the number of teachers may be transferred to C elementary school.

C. Accordingly, on December 28, 2015, E filed a disguised transfer of his/her 5-year-old child to F, added one student to the first-year-old student by filing an application for early admission. On December 29, 2015, G transferred his/her 5-year-old child to H and processed the transfer to C elementary school after obtaining the consent by soliciting the transfer to G who was enrolled in the fifth grade of D elementary school.

However, on January 2016, G decided not to have a transfer due to the situation of the house, etc., and E notified the Plaintiff to be entrusted with G’s fence that G would not have a transfer to another school, and requested the Plaintiff to maintain it as a student who will be transferred to the sixth grade of C elementary school until G would seek another student who will be transferred to the sixth grade of C elementary school, and the Plaintiff consented thereto.

E. Since then, on February 17, 2016, E transferred I to the sixth grade of C Elementary School. The Plaintiff, on February 18, 2016, changed G from C Elementary School to D Elementary School, and E was transferred to C Elementary School on March 1, 2016.

F. On April 2017, the Inspector General of the Gyeongnam-do Office of Education conducted an investigation into the organization of unfair classes at C Elementary Schools. As a result, the Plaintiff was found to have prepared false school records of G as follows.

1 G transfers from D elementary schools on December 29, 2015 to C elementary schools.

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