1. The plaintiff's claim is dismissed.

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

Details of the disposition

On June 1, 1976, the Plaintiff was appointed as a teacher of a junior high school on September 1, 2005, and was promoted to a vice principal of a junior high school on March 1, 2014, and was promoted to and appointed as the principal of a junior middle school on March 1, 2014, and served as the principal of a junior middle school from September 1, 2017.

On December 28, 2016, the Superintendent of the Office of Education dismissed the Plaintiff from position pursuant to Article 73-3 (1) 3 of the State Public Officials Act on the ground that “the Plaintiff was subject to a resolution of heavy disciplinary action and imposition of disciplinary surcharge (three times) due to a violation of the duty of good faith and dignity maintenance”.

On March 31, 2017, the Superintendent of the Office of Education issued a decision by the Disciplinary Committee on March 31, 2017 on the Plaintiff on the following grounds: “Violation of service duty and embezzlement of travel expenses, abuse of discretion to manage the public educational official’s service, unfair criminal investigation agencies, language sexual harassment against the employees under his/her jurisdiction, improper use of the budget for school accounting, unreasonable refusal of school accounting execution, closure of entrance entrance due to an emergency evacuation, removal of the head of the office of planning without consultation of the school administration, absence of communication on the decision of the school administration, infringement of the right of learning following the change in the academic schedule of the school administration day,” and imposed a disposition imposing a surcharge of KRW 935,100, which is three times the disciplinary surcharge under Article 78-2 of the State Public Officials Act, on the ground that he/she

(hereinafter “instant disciplinary action”). On April 6, 2017, the Plaintiff appealed to the instant disciplinary action and claimed an appeal review to the Teachers’ Appeal Committee, but was dismissed.

On July 31, 2017, the Plaintiff filed a lawsuit seeking the removal from position and the revocation of the instant disciplinary action with the Changwon District Court (2017Guhap8777) and filed an application for suspension of execution. On August 22, 2017, the said court decided to suspend the execution of “the suspension of the effect by 30 days after the judgment on the removal from position and the instant disciplinary action was rendered.”

On November 9, 2017, the Plaintiff deliberated on the subject of appointment, such as a letter of desire to serve as a principal, at the superintendent of education in the Seniornam-do.