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(영문) 대법원 2018.11.15 2017두61225
소청심사청구 기각결정 취소
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff, including the part arising from the supplementary participation.

Reasons

The grounds of appeal are examined.

The lower court rejected the Plaintiff’s assertion that there are circumstances to consider the details and degree of the Plaintiff’s violation of the duty of prohibition of profit-making and concurrent office, and determined that there was no illegality of abuse of discretion in a disciplinary action against the Plaintiff in light of the following: (a) the Plaintiff’s violation of the duty of good faith is recognized and the degree of

The judgment below

Examining the reasoning in light of the relevant legal principles, the lower court did not err by misapprehending the legal doctrine regarding freedom of study, the legal principle of teacher status, the principle of equity, and abuse of disciplinary discretion, or by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, contrary to what is alleged in

Therefore, the Plaintiff’s appeal is dismissed, and the costs of appeal are assessed against the losing party, including the portion arising from the participation in the appeal. It is so decided as per Disposition by the assent of all participating Justices.

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