logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2019.01.10 2018구합10958
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. The Plaintiff was appointed as an elementary school teacher on March 1, 1992, and was promoted to an assistant principal on September 1, 2016 and served at B elementary school.

B. On October 31, 2017, the Plaintiff was subject to a disposition of suspending indictment on the condition that probation was entrusted to guide the public prosecutor’s office in Gwangju in 2017 due to criminal facts (hereinafter “instant misconduct”) as stated below.

On September 9, 2017, at around 00:15, the Plaintiff committed an indecent act by making the victim’s chest part of his chest, who was seated in the driver’s seat, only on his hand, from the back seat of the F taxi driven by the victim E (the 67 years of age, the f7 years of age, and the fel).

C. On November 27, 2017, the General Disciplinary Committee of Gwangju Metropolitan City decided to dismiss the Plaintiff pursuant to Articles 63 and 78 of the State Public Officials Act, Article 10 of the Decree on Disciplinary Action against Public Educational Officials, and Article 2 of the Rules on Disciplinary Action against Public Educational Officials.

On December 11, 2017, the Defendant took disciplinary action against the Plaintiff according to the resolution of the General Disciplinary Committee of Gwangju Metropolitan City (hereinafter “instant disposition”).

E. On January 4, 2018, the Plaintiff filed a petition review with the Appeal Commission for Teachers, but was dismissed on February 28, 2018.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 3, 7, 19 through 21 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff committed the instant misconduct in a contingent manner under the lack of the Plaintiff’s ability to discern things or make decisions by drinking, and that the Plaintiff did not exercise force in the course of committing an indecent act against the victim, and the degree of indecent act is very minor that the Plaintiff was satisfing with the victim’s clothes from the back seat with his chest, and the instant misconduct was not against the students by taking advantage of his superior position. The Plaintiff is only the victim and the Plaintiff.

arrow