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(영문) 수원지방법원 성남지원 2018.08.28 2017가합407202
해임처분무효확인 청구의 소
Text

The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The defendant is a school foundation which establishes and operates Chigh School, and the plaintiff was appointed as a teacher of the above C High School on March 1, 2007 and was in charge of commercial subjects.

B. On December 26, 2016, the Defendant requested the Plaintiff to decide on a disciplinary action against the Plaintiff on the ground that there was grounds for the disciplinary action against the Plaintiff (hereinafter referred to as “Disciplinary Committee”). On December 27, 2016, the Defendant released the Plaintiff from position on the ground that the Plaintiff constitutes “a person requesting the disciplinary action.”

Accordingly, the teachers’ disciplinary committee decided to dismiss the Plaintiff on March 20, 2017 after undergoing the deliberation procedure on disciplinary action. On April 6, 2017, the Defendant issued a dismissal disposition against the Plaintiff (hereinafter “instant dismissal disposition”).

On October 18, 2016, the Plaintiff did not teach subjects at all during the class hours, and caused the disturbance of inciting students by making false statements related to the Plaintiff’s act of inhumanating, thereby infringing the Plaintiff’s right to study and spreading false facts to the students.

(Violation of Duty of Good Faith: D. On April 17, 2015, the Plaintiff got knee and kneel kelel kelel kelel kelelel kelelel kneel kne, and knekel knes the Plaintiff’s kneel kne, thereby having sexual harassment against the knene kneel kneel, taking advantage of the status of the kne knes, and causing insult and sense of shame to the kne d.

(Violation of Duties to Maintain Dignity, hereinafter “Grounds for Disciplinary Action 2”). The Plaintiff sexual harassment against the same teacher E on December 2015, 2015, stating that he/she was able to teach with the same teacher E in the drinking place.

(Violation of Duties to Maintain Dignity, and Grounds for Disciplinary Action (hereinafter “Grounds for Disciplinary Action 3”). On July 16, 2015, the Plaintiff completed the training of teachers and staff, etc., and thereafter, the paid teachers are silent.

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