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(영문) 서울행정법원 2015.10.30 2014구합74091
교원소청심사위원회결정취소
Text

1. As to the case of demanding the revocation of disposition of suspension from office in January between the Plaintiff and the school juristic person on October 15, 2014.

Reasons

1. Details of the disposition;

A. The Plaintiff is serving as a teacher from March 1, 2008 at a C High School established and operated by a school juristic person B (hereinafter “school juristic person”).

B. On July 22, 2014, a school foundation held a teachers’ disciplinary committee and took a disciplinary measure against the Plaintiff for one month of suspension from office on the ground that the Plaintiff made physical contact with D of the said teachers.

(hereinafter “instant disciplinary action”). C.

On August 18, 2014, the Plaintiff filed a petition review with the Defendant seeking the revocation of the instant disciplinary action, but the Defendant dismissed on October 15, 2014.

(hereinafter “Disposition in this case”). / [Grounds for recognition] The fact that there is no dispute, Gap and 12 evidence, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. 1) The Plaintiff was present at the teachers’ disciplinary committee and stated to the effect that the Plaintiff did not have any physical contact with D and D, and that he did not forced any physical contact. The school juristic person confirmed, by the disciplinary committee, whether there was a forced physical contact between D and the Plaintiff at the time of telephone, and that two people were good, and that the atmosphere was not so bad. A school juristic person was consulted with the Plaintiff on the following grounds: (a) on July 22, 2014, it was difficult for the Plaintiff to accept the statement of D in which the Plaintiff committed indecent act by force, even if it filed a criminal complaint against the law firm in relation to the instant case, on the following grounds; (b) the school juristic person only made the statement of the Plaintiff and witness and the victim’s statement; and (c) the victim’s physical contact with the Defendant, a suspect under the circumstances where the indecent act by force against the victim was committed by force, and (d) the Defendant returned to the Defendant on April 14, 2015.

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