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(영문) 전주지방법원 2016.08.25 2015구합2304
해임처분 취소 등 청구의 소
Text

1. On August 12, 2015, the Defendant issued a dismissal disposition against the Plaintiff and imposition of a surcharge for disciplinary action (14,000,000) against the Plaintiff.

Reasons

1. Details of the disposition;

A. On April 20, 1991, the Plaintiff was newly appointed as a teacher of B High School, and thereafter served as Cmiddle School Teachers from March 1, 2010.

B. On August 12, 2015, the Defendant, following the resolution of the General Disciplinary Committee for Public Educational Officials in Jeollabuk-do, dismissed the Plaintiff pursuant to Article 78(1)1 of the State Public Officials Act (hereinafter “instant dismissal disposition”), and imposed surcharges (14,00,000,00) on the Plaintiff on the ground that the Plaintiff violated Articles 56 (Duty of Good Faith) and 63 (Duty of Maintain Dignity) of the State Public Officials Act in the order of the following misconduct (hereinafter “instant dismissal disposition”), following the resolution of the General Disciplinary Committee for Public Educational Officials in Jeollabuk-do. The Defendant added the dismissal disposition in this case and the disposition of the instant disciplinary surcharge to the instant dismissal disposition (hereinafter “instant disposition”).

The Plaintiff, as the director of a dormitory at C secondary and high schools, has already received allowances, etc. under the provisions on public official’s allowances, etc. for his/her duties, but the Plaintiff, an incorporated association D (hereinafter “D”) received, and did not return, on September 26, 2012, 14 million won in total, and on December 31, 2013, money and valuables for which 500,000 won is not based on the pretext of the encouragement of the self-governing learning instructor at night, from September 26, 2012 to five times.

When selecting scholarship students, the Plaintiff abused the authority (grounds 2) paid by the president of the Incorporated Foundation E (hereinafter referred to as the "E") in 2013 and the first semester in 2014, the Plaintiff abused the authority to participate in the selection of outstanding scholarship students, and selected students who are not in compliance with the standards and made it impossible for other students to receive scholarships.

On March 14, 2013, the Plaintiff infringed on the privacy of other teachers and staff (the ground of the ground of the third) by allowing NES service authority, not under their jurisdiction, and inspecting and exposing the status of service of other teachers, and thereby infringing on their privacy.

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