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(영문) 광주지방법원 2015.11.12 2014구합12208
직위해제처분 및 정직처분 취소청구의 소
Text

1. The Defendant’s removal from office against the Plaintiff on June 18, 2014 and one month disposition of suspension from office as of September 3, 2014, respectively.

Reasons

1. Details of the disposition;

A. On August 19, 2002, the Plaintiff was appointed as a full-time lecturer at the department of medicine at the college of B, and then served as a full-time lecturer at the college of B on October 1, 2013.

B. Around April 2013, some of the major doctors of the B University Hospital requesting self-audit and heavy disciplinary action filed a civil petition with the Anti-Corruption and Civil Rights Commission regarding the Plaintiff’s research tasks’s suspicion of unfair operation of personnel expenses and unfair use of fund operations accounts. The Anti-Corruption and Civil Rights Commission transferred the above civil petition to the Ministry of Education.

In January 2014, the Ministry of Education requested the defendant to take a heavy disciplinary measure against the plaintiff on the grounds that the plaintiff committed the misconduct of the following matters, which constitutes grounds for disciplinary action:

[Grounds for request for disciplinary action by the Department of Education] - The Department of Rehabilitation of the University Hospital: (a) received money and valuables of KRW 1,00,000,000 from a book-based design business entity C, which has traded with the Department of Rehabilitation at the request of the principal professor on December 18, 2012, in the name of rehabilitation and operational expenses, etc.; (b) received money and valuables of KRW 18,000,000 from December 27, 2012 to January 12, 2013 from a medical device-related business entity, etc. on 11 occasions; and (c) the Plaintiff of the rehabilitation and major professor at the request of the representative director on October 21, 209; and (d) did not repay KRW 18,00,000,000 from 30,000 to 300,000,0000 from 20,000 to 30,000,000.

C. The defendant's removal from position against the plaintiff and the defendant's request for review of the plaintiff's appeal committed the following misconduct to the General Disciplinary Committee on Public Educational Officials at B University on June 17, 2014.

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