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(영문) 전주지방법원 2019.10.02 2019구합290
견책처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On March 15, 1995, the Plaintiff was appointed as a teacher of B High School under the jurisdiction of the Gyeonggi-do Office of Education, and served as Chigh School Teachers from March 1, 2012 to February 28, 2017, after having been transferred to the Office of Education of Jeollabuk-do on March 15, 1997. The Plaintiff was subject to disciplinary action against D Middle School on March 1, 2017, and has served as a sports teacher until now.

B. Prior disposition 1 against the Plaintiff on December 29, 2016, the Plaintiff violated Articles 56 (Duty of Good Faith) and 63 (Duty of Good Faith) of the State Public Officials Act and Article 7 (Duty of Use of Budgetary Prohibition) of the Code of Conduct for Public Officials, on the grounds that the Superintendent of the Office of Education of Jeollabuk-do used 3.9 million won for the purchase of clothes for his spouse and children from the Superintendent of the Office of Education of Jeollabuk-do on December 29, 2016.

(2) The Plaintiff was dissatisfied with the preceding disposition of the instant case and filed an administrative litigation seeking the revocation of the preceding disposition as the Jeonju District Court 2017Guhap1275, via an appeal review by the Appeal Review Committee for Teachers.

3) On April 12, 2018, the aforementioned court rendered a favorable judgment against the Plaintiff that the preceding disposition was deemed to be unlawful due to the absence of a disciplinary decision, and thus revoked it. The said judgment became final and conclusive on May 1, 2018. C. Defendant’s reprimand disposition 1) on June 28, 2018, demanded a disciplinary resolution to the Public Educational Officials General Disciplinary Committee of the Jeollabuk-do Office of Education (hereinafter “Public Educational Officials General Disciplinary Committee”) as follows.

At the time of the Plaintiff’s employment in C High School, the sports teacher’s clothes expenses business operator received KRW 50,00 per head of Nov. 24, 2015, and obtained the approval of his/her principal, respectively. However, on April 12, 2014, the Plaintiff purchased a child’s sports uniform on December 21, 2015, along with his/her sports clothes, along with his/her own sports clothes, even though he/she obtained the approval of his/her principal.

Therefore, the suspect purchases physical uniforms and physical exercise of family members who are irrelevant to sports practical classes.

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