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(영문) 서울중앙지방법원 2016.10.20 2016가합521353
해임처분무효확인등청구
Text

1. The Defendant removed the Plaintiff from his position on February 23, 2016, and C Council members on March 7, 2016, against the Plaintiff.

Reasons

C. On March 17, 2016, the Plaintiff notified the Plaintiff that he was dismissed as the grounds for disciplinary action Nos. 1, 2, and 3.

(hereinafter “instant dismissal”) D.

The main contents of the Private School Act, the Staff Regulations of the defendant, and the defendant's articles of incorporation related to the instant case are as follows:

* Article 55 (Service) (1) of the Private School Act shall apply mutatis mutandis to the service of private school teachers.

Article 61 (Grounds for and Types of Disciplinary Action) (1) If a teacher of a private school falls under any of the following subparagraphs, the person authorized to appoint the teacher concerned shall request a resolution on disciplinary action and take a disciplinary action according to the result of a resolution on disciplinary action:

1. Where he performs an act contrary to the teacher's principal portion in violation of this Act and other education-related Acts and subordinate statutes;

2. When he violates or neglects his duties;

3. Where he commits an act detrimental to his dignity as a teacher regardless of whether he is on or off duty.

* All public officials under Article 56 (Duty of Good Faith) of the State Public Officials Act shall observe and faithfully perform their duties.

* The Defendant Teachers’ Personnel Management Regulations Article 22 (Responsibility and Duties) of the Regulations must be fully responsible for the creative and good faith to faithfully observe the regulations and duties and to fulfill the duties of the university.

Article 34 (Welfare Allowances) Welfare Allowances may be paid as food care allowances, filial leave allowances, children education allowances, rehabilitation health allowances, etc.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 7, 8, 10, 13 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul evidence Nos. 1 through 4, 6, 11, 13, 18, 19, and the purport of the whole pleadings

2. Determination as to the defendant's defense prior to the merits

A. The defendant's argument that the plaintiff sought confirmation of invalidity of the removal from the position of this case, but since the removal from the position of this case loses its validity, the plaintiff's confirmation of invalidity of the removal from the position of this case.

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