(영문) 청주지방법원 2018.10.18 2016구합12115

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(영문) 청주지방법원 2018.10.18 2016구합12115

해임처분무효

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 15, 2012, the Plaintiff entered into an employment contract with the head of the B High School and the head of the B High School under the Defendant’s control to work as the head of the camping Zone, to train and guide for the players, to students, and to manage the facilities of the camping Zone. The Plaintiff has worked as the head of the B High School and the head of the B High School around that time.

B. On September 25, 2016, the head of the B High School reported school violence cases with the content that “the Plaintiff, at around 20:10 on September 22, 2016, sent to Da, E, and F (hereinafter referred to as “the instant student”), who is a student of the camping-gu, at the GY-gu Office of Education of Cheongbuk-do and Chungcheongbuk-do, reported it to the Cheongbuk-do Office of Education on September 27, 2016.”

C. On September 29, 2016, the head of the District Office of Education Office of Chungcheongbuk-do held a school sports team leader management committee to notify that the Plaintiff is dismissed (hereinafter “instant dismissal”) on the ground of the instant misconduct. On September 30, 2016, the head of the District Office of Education notified the head of the B High School that the Plaintiff was dismissed (hereinafter “instant dismissal”). On September 30, 2016, the head of the B High School notified the head of the YY-gu supporters’ association to the above dismissal. Based on each written notice of dismissal, Article 43 of the Guidelines for Management of School Sports Leaders (Coco) was written.

The Plaintiff was sentenced to a judgment of KRW 5 million (Cheongju District Court 2017Ma471) on December 19, 2017 due to the following crimes of injury and assault against the instant misconduct as listed below, and the court of first instance acquitted the Plaintiff of special injury and special assault only in the reasoning of the judgment, on the ground that the damaged damage caused by the Plaintiff’s use in causing assault and bodily injury does not constitute “hazardous things”.

The prosecutor and the plaintiff appealed against the above judgment by asserting misunderstanding of facts, and the appellate court rejected all of the prosecutor and the plaintiff's assertion of misunderstanding of facts, and a fine of five million won.

유사 판례

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