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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. On March 1, 2009, the Plaintiff, including the developments leading up to the disposition, was newly appointed as a full-time lecturer in the Department of C at the ordinary university of B, and was appointed as an associate professor on April 1, 2014.
On April 25, 2018, the Jeju District Prosecutors' Office prosecuted the Plaintiff on charges of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Conduct in Occupational Authority, etc.) that the Plaintiff committed an indecent act by force against the students of the department to which he/she belongs (hereinafter referred to as "victims"). On May 15, 2018, the Defendant demanded the Jeju District Court General Disciplinary Committee on Public Educational Officials of B University (hereinafter referred to as the "Disciplinary Committee") to make a resolution on the Plaintiff’s disciplinary action.
On June 7, 2018, the Disciplinary Committee decided to withhold the disciplinary decision by the date of the first instance judgment of the relevant criminal procedure.
On February 11, 2019, the court of first instance found the plaintiff guilty of the facts charged against the plaintiff, and ordered the defendant to be sentenced to six months of imprisonment, two years of suspended execution, 40 hours of sexual assault treatment lecture, 240 hours of community service order, 240 hours of community service order, and 5 years of employment restriction order for child and juvenile-related institutions.
On February 19, 2019, the Disciplinary Committee decided to dismiss the plaintiff.
The Defendant rendered the instant disposition on February 28, 2019.
The summary of the grounds for the disposition of this case stated in the “statement of grounds for disciplinary action” notified to the Plaintiff by the Defendant is as shown in attached Form 1.
The Plaintiff asserted mistake of facts in the judgment of the first instance court on the relevant criminal procedure and unreasonable sentencing, and appealed by Jeju District Court 2019No180. The appellate court on the relevant criminal procedure reversed the judgment of the first instance on May 28, 2020 and reversed the judgment of the first instance court ex officio in order to deliberate on whether to issue an employment restriction order on the welfare facilities for the disabled in accordance with the amendment to the Welfare of Disabled Persons Act, and it does not accept
The term of imprisonment with prison labor for the plaintiff, 2 years of suspended execution, and 40 hours of sexual assault treatment for the plaintiff.