logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.01.26 2015누61537
감경결정취소청구
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff, including the part arising from the supplementary participation.

Reasons

1. Details of the disposition;

A. On March 1989, the Intervenor joining the Defendant was appointed as C University management and full-time instructors established and operated by the Plaintiff, and was in office as logistics management and professor from August 2013.

B. (1) On April 3, 2014, the president of Cuniversity requested the Plaintiff to dismiss the Intervenor joining the Defendant, following a resolution by the Teachers’ Personnel Committee.

② On April 11, 2014, in light of the details of the grounds for disciplinary action attached to a written request for disciplinary decision by a teacher for disciplinary action (Evidence A24) under Article 61(1)1 and 3 of the Private School Act, the Plaintiff’s act indicated in the attached Form to the Teachers’ Disciplinary Committee is clear that “Article 61(1)1 and 3” is grounds for disciplinary action.

On the ground that it constitutes the Defendant’s Intervenor’s disciplinary action against the Intervenor.

C. (1) In light of the contents of the grounds for disciplinary action attached to a written resolution of disciplinary action (Evidence A No. 8) under Article 61(1)1 and 3 of the Private School Act, the disciplinary committee’s disciplinary action is clearly defined as “Article 61(1)1 and 3” following three or more deliberations on disciplinary action.

On the ground that it falls under the category of the Intervenor joining the Defendant, a decision of heavy disciplinary action against the Intervenor joining the Defendant was made.

② On May 19, 2014, the Plaintiff was subject to heavy disciplinary action against the Intervenor joining the Defendant. D.

① On June 12, 2014, the Defendant’s Intervenor filed a petition review seeking revocation of a heavy disciplinary action against the Defendant.

② On September 25, 2014, the Defendant rendered a decision to review the appeal by changing the removal from office to dismissal on the ground that each act listed in the Attached Form of Decision on Decision is recognized.

【Ground for recognition】 Evidence Nos. 1, 8, 21, 22, 24, 25, 26, 27, 30

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion Nos. 1 and 5 are not indicated in the written request for a disciplinary decision, but the Defendant’s Intervenor did not appear in the teachers’ disciplinary committee and had sufficient opportunity to vindicate. As such, the Defendant may serve as grounds for disciplinary action.

arrow