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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 was newly appointed as a teacher of B elementary school on September 1, 1989, and was transferred to and held office at C elementary school on March 1, 2016, and was appointed as an assistant principal of D elementary school on March 1, 2018.
B. The instant misconduct and criminal judgment 1) On December 20, 2017, at the time when the Plaintiff was in office as a teacher at C elementary school, the Plaintiff was demanding the security guards (the age of 71) to talk with the household residing in the Plaintiff’s upper floor as an apartment noise problem, and delayed time, such as failure in connection with the connection while demanding the security guards to connect the twitphone to the household residing in the Plaintiff’s upper floor as a result of the apartment noise problem at the time of the Plaintiff’s holding office at C elementary school (hereinafter “the instant misconduct”). As such, the Plaintiff used the brea-k (the length of 25cm and 13cm in length), which is a dangerous object that the said security guards had expressed a bath and had been in his possession, and acted and threatened as a tacker (hereinafter “the instant misconduct”).
(2) On February 26, 2018, the Plaintiff was indicted for a crime of special intimidation against the instant misconduct. On October 10, 2018, the Plaintiff was sentenced to a fine of KRW 5 million in the Seo-gu District Court’s Seo Branch Branch Branch. The said judgment became final and conclusive around that time.
C. On April 5, 2018, the Defendant requested the ordinary disciplinary committee of the Office of Education to make a disciplinary decision against the Plaintiff. On November 2, 2018, the said disciplinary committee decided to grant reduction in consideration of the fact that the instant misconduct constitutes salary reduction, but has contributed to the Plaintiff’s commendation. 2) On November 9, 2018, the Defendant issued a disciplinary disposition under Article 78(1)3 of the State Public Officials Act on the ground that “the Plaintiff violated the duty to maintain dignity under Article 63 (1) 3 of the State Public Officials Act after the Plaintiff was sentenced to a fine of five million won due to the instant misconduct.”
(hereinafter “instant disposition”). 3 The Plaintiff is dissatisfied with the instant disposition and on December 5, 2018.