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1. It is confirmed that the Defendant’s dismissal of the Plaintiff on August 12, 2011 against the Plaintiff is invalid.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
Basic Facts
On August 12, 2002, the plaintiff was employed by the public school B which is a public school established and operated by the defendant and worked as a dietitian, and the defendant is a public corporation which is a person to whom the affairs concerning education belongs and has the superintendent of education as an executing institution.
The Plaintiff was supplied with food materials used for school meal services by the South Sea Industry Cooperatives, as one operated by the South Sea Industry Cooperatives, which entered into a food materials supply contract with B.
With respect to part of the individual food items written on each month, the Plaintiff, without reporting to the head of B Middle School Administrative Office C, who is the immediate superior of the Plaintiff, in advance, has cancelled and added the order without undergoing the procedures for approval for modification, and when examining the supplied food materials, he/she prepared a review report and submitted it to the B Middle School Administrative Office without changing the items actually supplied according to the above modification.
In addition, the plaintiff ordered one set of goods to be used by the plaintiff himself/herself or at the school's request.
On August 4, 2011, the principal of the middle school: (a) the Plaintiff committed an act that disturbs the accounting order of Article 17(6) of the Regulations on the Personnel Management of Accounting Personnel of the Middle School (hereinafter “school accounting staff shall not be provided with money and valuables, entertainment, etc. in connection with neglect of duties or accounting order”; (b) without prior reporting, arbitrarily cancelled and added items of individual food under the food supply contract, thereby causing damage equivalent to KRW 3,567,180 in the difference thereof; and (c) the price of goods, etc., the use of which is unclear for which the Plaintiff’s personal use is unclear; (d) the Plaintiff committed an investigation and disciplinary examination against the Plaintiff; (e) notified the relevant agency or the press of this fact; and (e) notified the Plaintiff of this fact to the relevant agency or the press; and (e) the accounting staff of Article 17(4) of the Regulations on the Personnel Management of Accounting Personnel of the Middle School.