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(영문) 대구지방법원 2018.10.19 2018구합21653
파면처분취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. On April 1, 199, the Plaintiff was appointed as a professor or assistant professor at a medical college of the college of B and then promoted to the associate professor on April 1, 2003 and the professor on April 1, 2008, and served as the head of B and C Research Institute from around 2009.

B. On December 29, 2016, the Daegu District Prosecutors’ Office notified the Defendant of the following facts that the Plaintiff had commenced the investigation under the criminal charges, such as fraud:

Case number: 2016No. 74167 of the Daegu District Prosecutors' Office - The date of commencement of investigation: The name of the crime: Fraud, etc. - The name of the crime: - the arrest (as of December 28, 2016) - The summary of the suspected crime was obtained by deceiving the research funds by means of registering false researchers while conducting research tasks such as D/D tasks under the supervision of the B University Industry-Academic Cooperation Foundation in 2009 to 2016.

C. On January 23, 2017, the Defendant issued a disposition of dismissal from position to the Plaintiff, and the Plaintiff was at the Daegu District Court (2017 Godan158) on June 15, 2017, as follows:

2.(c)

1) Facts constituting the crime of this case (hereinafter “instant misconduct”)

(D) On October 19, 2017, the General Disciplinary Committee on Public Educational Officials at B University decided that the Plaintiff violated Article 56 (Duty of Fidelity) and Article 63 (Duty of Fidelity) of the State Public Officials Act as follows, and Article 78 (1) of the State Public Officials Disciplinary Decree and Article 15 of the Decree on the Punishment of Public Educational Officials, the disciplinary action against the Plaintiff shall be decided as “influence” and the disciplinary action surcharge shall be three times the target amount (20,690,470 won). The order of the resolution shall be removed from office, and the disciplinary action surcharge shall be three times the target amount (20,690,470 won).

Determination of the Disciplinary Committee - In full view of the notification of the investigative agency and the judgment of the court, the written opinion of the suspect, etc., it is judged that both the reasons for the disciplinary action and the details of suspicion are true.

- This case shall commence investigations into misconducts relating to research funds and research funds cards.

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