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(영문) 대구지방법원 2017.05.30 2016구합22478
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. The Plaintiff is a person who was appointed as a middle school teacher on June 19, 1987 and served as Cmiddle school principal from March 1, 2014.

B. On April 5, 2016, the Defendant dismissed the Plaintiff pursuant to Article 56 (Duty of Good Faith) and Article 61 (Duty of Integrity) of the State Public Officials Act, and Article 14 (Restriction on Receiving Money and Valuables) of the Code of Conduct for Public Officials on the ground that the Plaintiff committed the following acts, following a resolution by the General Disciplinary Committee of the Daegu Metropolitan Office Office of Education, and that the Defendant violated Article 78 (1) 1 and 3 of the State Public Officials Act.

(hereinafter “Disposition in this case”). According to Articles 56 (Duty of Fidelity) and 61 (Duty of Integrity) of the State Public Officials Act and Article 14 (Restriction on Receiving Money and Valuables) of the Code of Conduct for Public Officials, public officials shall observe Acts and subordinate statutes, perform their duties faithfully, and shall not receive money, real estate gift or entertainment from persons related to their duties.

Nevertheless, as of March 1, 2014, the Plaintiff, while serving as the principal of Cmiddle School from March 1, 2014, performed golf activities such as E (hereinafter “E representative”), teachers F (spouses, G duties), teachers H (F-friendlys, and I-related duties) at the KFF golf course in the year 2014, which is related to their duties, as of April 1, 2014, and the E representative bears 506,000 won (including green fee, softens, softens, and meal expenses) incurred on the same day. However, the Plaintiff did not have any problem if it performed golf activities as E representative on the following opportunity, it is assumed that the Plaintiff would bear the expenses, 126,500 won, excluding 126,500 won, 379,500 won x 379,500 won per person at the time of the E-representative golf course’s promise, 2014, 37,00 teachers and 3.5, 1,000.

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