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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. On September 1, 1998, the Plaintiff was appointed as a teacher of the former Military District, the Military District, the Elementary School, and served as B elementary school from March 1, 2012 to February 28, 2015. On March 1, 2015, the Plaintiff promoted to an assistant principal and served as an assistant principal at C elementary school, and from September 1, 2015, the Plaintiff served as an assistant principal at D elementary school.
B. On December 8, 2015, the General Disciplinary Committee on Public Educational Officials in Jeollabuk-do decided to punish the Plaintiff on grounds that the following acts constitute sexual harassment under Article 2 of the National Human Rights Commission Act and sexual assault under Article 298 of the Criminal Act, thereby violating Articles 56 (Duty of Good Faith) and 63 (Duty of Maintain Dignity) of the State Public Officials Act. Accordingly, on December 18, 2015, the Defendant imposed a disciplinary measure to dismiss the Plaintiff (hereinafter “instant disposition”).
▣ 징계사유(이하 ‘이 사건 징계사유’라 하고, 순번으로 특정한다)
1. On February 15, 2013, at the workshop course (frequency and singing) conducted in Taecheon-cheon during the service at B elementary school on February 15, 2013, he/she saw or she was flicked with △△△ teachers, she was flicked with clothes only in a ward in a female lodging room, and let female teachers feel sexual humiliation, displeasure, etc.;
2. On June 5, 2015, during the camp of C elementary school: (a) did not attend the event with parents (the first day’s “family-friendly school activities”; (b) the second day’s “family sports events, etc.”; and (c) in the school administration room, the school’s parents and three persons in the place of the shop in which they drink the drinking on the same day, “Islish Island (the act of sexual intercourse with three persons)” was called “Islish Island (the act of sex with three persons)”; and (d) the parents’ body was flicked to other parents, so that I feel sexual humiliation and dissure.”
C. On January 20, 2016, the Plaintiff filed a petition review with the Appeal Commission for Teachers on the instant disposition, but the Appeal Commission for Teachers filed a petition on March 9, 2016.