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(영문) 창원지방법원 2018.04.25 2017구합52205
해임처분취소
Text

1. The Defendant’s dismissal against the Plaintiff on February 27, 2017 and the disposition of imposing surcharge of KRW 4,810,000 shall be revoked.

2.

Reasons

1. Details of the disposition;

A. After being appointed as a public educational official on March 1, 1978, the Plaintiff promoted to the principal on March 1, 2010, and served as the principal from March 1, 2014 to B elementary school (hereinafter “instant elementary school”).

B. On February 27, 2017, the Defendant imposed a disciplinary measure against the Plaintiff on the ground that the Plaintiff violated Articles 56 (Duty of Fidelity) and 61 (Duty of Integrity) of the State Public Officials Act as stated in attached Table 1 (hereinafter “Disciplinary Reason”), and imposed a disciplinary measure against dismissal pursuant to Article 78 of the State Public Officials Act and a disposition of imposition of a surcharge of KRW 7,215,00,000, which is three times the surcharge for disciplinary action pursuant to Article 78-2 of the State Public Officials Act.

C. On March 17, 2017, the Plaintiff dissatisfied with the foregoing dismissal and the imposition of disciplinary surcharges, filed a petition review with the Appeal Committee for Teachers. On May 24, 2017, the Appeal Review Committee: (a) considered that the instant disciplinary cause is unfair, the imposition of three times the disciplinary surcharge (7,215,000 won) was imposed; (b) changed the imposition of two times the disciplinary surcharge (4,810,000 won) by deeming that the imposition of the disciplinary surcharge was unfair; and (c) made a ruling to dismiss the part seeking revocation of the dismissal (hereinafter referred to as the “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 6 evidence, Eul evidence 1 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Attached Form 2 of the relevant Acts and subordinate statutes;

3. Whether the instant disposition is lawful

A. The purport of the Plaintiff’s assertion is as follows: (a) the absence of grounds for disciplinary action, and (b) the deviation and abuse of discretionary authority are unlawful.

1) On September 19, 2014, C, an after-school instructor, who received KRW 1 million in cash from C, was a person who entered the Plaintiff on September 19, 2014, and was a paper bank. However, the Plaintiff was a closing bank.

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