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(영문) 수원지방법원 2016.09.21 2016구합61649
해임처분취소
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 1, 2006, the Plaintiff was newly appointed as a middle school teacher, and on March 1, 2015, the Plaintiff transferred to C High School (hereinafter “instant school”) and worked as a sports teacher in the said school.

B. On August 6, 2015, the police station sent the Plaintiff’s case of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse to the Suwon District Prosecutors’ Office (Indecent Act by force) within the jurisdiction of the Suwon District Prosecutors’ Office, and around that time, notified the Defendant of the above fact.

C. On October 7, 2015, the General Disciplinary Committee for Public Officials of the Gyeonggi-do Office of Education decided to dismiss the Plaintiff by applying Article 78 of the State Public Officials Act and Article 2 of the Rules on Disciplinary Action on Public Educational Officials, etc. on the ground that the Plaintiff committed the following misconduct (hereinafter “instant disciplinary cause”), and that the Plaintiff violated Article 63 (Duty to Maintain Dignity) of the State Public Officials Act. Accordingly, the Defendant dismissed the Plaintiff on October 21, 2015 (hereinafter “instant disposition”).

- The ground for the instant disciplinary action - The Plaintiff shall not commit any act detrimental to the dignity of a female student regardless of whether he or she is on or off duty under Article 63 of the State Public Officials Act, and even if he or she was punished by a deceptive scheme or force under Article 7 of the Act on the Protection of Children and Juveniles against Sexual Abuse, he or she had sexual intercourse with a female student or indecent act against a female student, since May 2015, under the pretext of the student’s instruction, continued to cause unnecessary physical contact to female students during the sports classes as follows.

An act of using the arms, legs, faces of female students during the 2015 athletic class hours.

B. On June 5, 2015, female students were on both sides during the e-sports classes hours, and they were heated, knee and knebbbbbbs. The female students were seated during the e-sports hours.

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