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(영문) 대전지방법원 2016.05.04 2015구합1023
교원소청심사위원회결정취소(정직3개월처분취소)
Text

1. On April 22, 2015, the Defendant issued a disposition revoking the suspension of office in March 2015 between the Plaintiff and the school juristic person.

Reasons

1. Details of the petition review and decision;

A. On September 1, 1988, the Plaintiff was appointed as a full-time lecturer at C University under the Educational Foundation B as a professor at the above school.

B. 1) The Plaintiff responded to the lawsuit claiming the amount of transfer money (former District Court 2010Da32407) filed by Da in the course of dispute with her children and wife, and filed a complaint with Do to the effect that it forged the Plaintiff’s notice of assignment in the name of her children, mother, and wife, without undergoing any specific confirmation procedure. 2) Accordingly, Do filed a complaint against her to the effect that she forged the Plaintiff’s notice of assignment in the name of her children, mother, and wife. (No. 2011No. 16107 of the Jeonju District Prosecutors’ Office), and on October 14, 201, 201, the Plaintiff received a non-prosecution disposition from the public prosecutor of the above public prosecutor’s office.

D An appeal has been filed against it (201's senior branch office 201's senior branch office 506). On February 1, 2012, the public prosecutor of the above public prosecutor's office dismissed D's appeal.

D When re-appeal is made by the Supreme Prosecutors' Office (2012. Complaints) and the Prosecutor of the Supreme Prosecutors' Office, on April 30, 2013, the Prosecutor dismissed a petition for adjudication under Article 260(1) of the Criminal Procedure Act and Article 10(3) of the Prosecutors' Office Act on the ground that the said disposition of non-prosecution is not a case subject to re-appeal. On the other hand, he/she accepted it as the purport of the petition and ordered the plaintiff to re-examine it.

As a result of the re-investigation, the Plaintiff was indicted for anless accusation, and was sentenced to imprisonment with prison labor for not more than eight months in the Jeonju District Court 2013Kadan1914 on April 3, 2014.

On July 26, 2014, the Plaintiff appealed as the Jeonju District Court 2014No376, and the said judgment became final and conclusive on July 26, 2014, upon being sentenced to a fine of KRW 7.5 million from the said court.

C. On October 15, 2014, Article 61 of the Private School Act provides that “A school juristic person B taking a disciplinary action against the Plaintiff shall be convicted of the Plaintiff’s non-prosecution of the teachers’ disciplinary committee at Cuniversity.”

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