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(영문) 대구지방법원 2016.11.29 2016구합21857
해임처분취소
Text

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 February 1, 2005, the Plaintiff was appointed as a full-time lecturer for the mechanical engineering department of the public university at B University on April 1, 2007, and was appointed as an assistant professor on April 1, 2007, and as an associate professor on April 1, 201, respectively.

B. On January 20, 2016, the Defendant dismissed the Plaintiff pursuant to Article 78(1)1 and 3 of the State Public Officials Act on the ground that the Plaintiff committed the following acts and violated Articles 56 (Duty of Fidelity), 58 (Prohibition of Deserting from Office), and 63 (Duty of Maintenance of Dignity) of the State Public Officials Act.

(1) On December 31, 2007, the Plaintiff was sentenced to a summary order (a fine of 500,000 won) issued by the Seoul Central District Court on December 31, 2007 to a violation of the Act on the Protection of Juveniles from Sexual Abuse, on the grounds that he/she committed a sexual act against a minor and received a summary order (a fine of 500,000 won) from the Seoul Central District Court on December 31, 2007, and was finally sentenced to a sex offense under Article 56(1) of the Act on the Protection of Children and Juveniles from Sexual Abuse, and was unable to provide actual labor to a child or juvenile-related institution, etc. for ten years from the date on which the execution of the sentence was completed. Notwithstanding the fact that the Plaintiff was unable to conceal his/her past record of the sex offense, the Plaintiff performed a voluntary research program task for the C High School from February 1, 2013 to November 30,

2. Women and women who become aware of the place of work through the 5678 hosting site, as shown in the attached Table 1 related to the escape from the place of work and the impairment of their dignity, left the place of work during the working hours in 2009 and went away from the place of work in terms of commercial sex acts, meals and dramas, etc., and left the place of work in several times in 2010 and around 2015 and went away from the place of work in E, hotel, motherel, restaurant, etc.

C. Accordingly, the Plaintiff filed an appeal review with the Appeal Commission for Teachers, and the Appeal Commission for Teachers on April 6, 2016

The act mentioned in paragraph (1) of the Paragraph 1 was applied at the time of notification of the summary order.

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