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(영문) 부산고등법원 2019.08.28 2019나51836
해고무효확인
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The gist of the plaintiff's grounds for appeal citing the judgment of the court of first instance is the same as the argument in the court of first instance that the disciplinary action in this case deviates from the limits of discretion and is illegal, and considering the evidence duly adopted and examined by the court of first instance and the reasons for appeal compared with the plaintiff's grounds for appeal, the court of first instance that the disciplinary action in this case cannot be deemed as an abuse of discretion that is entrusted to the person having authority over disciplinary action since it considerably lacks validity under social norms, and therefore, it is sufficiently acceptable to find and determine the facts of the

[In light of the contents of the facts of the instant disciplinary action and the degree of the misconduct, the period of the act of misconduct, the plaintiff's status as university faculty members, the job and behavior ethics expected to be expected of university staff from the viewpoint of the reasonable and average society, the possibility of criticism on the plaintiff's misconduct, the honor and credit of the defendant and Cuniversity damaged by the plaintiff's misconduct, etc., the circumstances leading up to the plaintiff's misconduct, the plaintiff's economic condition and family relation, the plaintiff's service period and his achievements, the plaintiff's service period and his achievements, and the difference in the regulations on disciplinary action against public officials of Grade VI or lower and teachers of the position corresponding to the public officials of Grade VI or lower, and the Enforcement Rule of the Public Officials Disciplinary Decree of the Public Officials Disciplinary Decree [Article 4 of the Enforcement Rule of the Public Officials Disciplinary Decree, public officials of Grade VI or lower, and the head of a central administrative agency (including the head of a agency equivalent to loans), and the rules on disciplinary action against public officials of Grade VI or lower shall be mitigated in accordance with the criteria for disciplinary mitigation.

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