The judgment of the first instance shall be revoked.

The Defendant’s removal on November 7, 201 from office against the Plaintiff shall be revoked.

(2) All actions;

Details of the disposition

Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act shall be cited in the part of the reasoning of the judgment of the first instance.

(1) The Plaintiff’s assertion as to the legitimacy of the instant disposition is significant defect in the disciplinary procedure, such as forcing the disciplinary resolution without giving sufficient opportunity to the Plaintiff, in violation of Article 50(3) of the Public Educational Officials Act.

(2) The Defendant’s charges of disciplinary action are not alleged on the ground that the Defendant did not commit any indecent act against students.

(3) Even if a domestic disciplinary cause exists, a removal disposition is an illegal disposition that goes against the principle of proportionality because it is excessively excessive in comparison with other disciplinary cases regarding sexual harassment and sexual assault, and the balance between the purpose and means is considerably lost.

Article 50(3) of the Public Educational Officials Act provides that "a resolution by a disciplinary action against a person subject to disciplinary action who has not provided the person subject to disciplinary action with an opportunity to state his/her opinion shall be null and void." Article 9(2) of the Public Educational Officials Disciplinary Decree provides that "The Disciplinary Committee shall give the person subject to disciplinary action an opportunity to state his/her opinion, and the person subject to disciplinary action may, in writing or orally, state facts favorable to him

It can be said that the hearing right, one of the important procedural rights derived from the principle of due process under the Constitution, is concrete in the disciplinary procedure of public educational officials.

The hearing right in a disciplinary procedure shall be given to the party subject to a disciplinary action sufficient opportunity to vindicate, so the person having authority to take disciplinary action shall not prejudice the facts of the disciplinary case, and shall determine whether to take disciplinary action and the degree thereof after hearing

In addition, from the perspective that it is impossible to properly grasp the true facts without guaranteeing procedural justice, the hearing authority is simply a party.