1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Details of the disposition;

A. The Plaintiff served as a regional educational administrative officer of the Jeonnam-do Office of Education from July 1, 2012 to B elementary school administrative office.

B. The Defendant dismissed the Plaintiff on June 1, 2015 pursuant to Article 69(1) of the Local Public Officials Act and Article 2(1) of the former Rules on Local Public Officials, etc. of the Seoul Southern-do Office of Education (amended by Presidential Decree No. 700, Jun. 12, 2015; hereinafter the same) on the ground that he/she violated Article 55 of the Local Public Officials Act by violating the Protection of Communications Secrets Act by installing a small-sized digital tape recorder on the soft unit inside the administrative office of B elementary school (hereinafter “instant misconduct”).

C. On January 25, 2016, the Education Appeals Review Committee of Jeonnam-do filed a petition for appeal review with the competent appeals review committee. On January 25, 2016, the Defendant rendered a decision to change the dismissal disposition against the Plaintiff to the demotion.

(hereinafter the Defendant’s disposition of demotion mitigated during the disciplinary action (hereinafter “instant disposition”), / [Grounds for recognition] without dispute, Gap evidence No. 1, Eul evidence No. 1, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion 1) The Plaintiff, as the head of the administrative office, committed an act of recording in an open administrative office to handle the contents of the meeting, and thus, the instant misconduct does not constitute an act of impairing the public official’s dignity. 2) The instant disposition is too harsh in view of the circumstances leading to the instant misconduct.

(b) Entry in the attached Form of relevant statutes;

C. As to the existence of the grounds for disciplinary action 1, the Plaintiff’s assertion No. 2 and No. 1 as to the existence of the grounds for disciplinary action No. 2 and the purport of the entire pleadings.