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(영문) 서울행정법원 2018.04.13 2017구합70250
교원정직처분 취소
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. On September 3, 1986, the Plaintiff is a public educational official who was newly appointed as a teacher of the Seoul Air Force Middle School and served as an English teacher from March 1, 2015 to B high school.

B. Plaintiff’s voluntary after-school classes (1), including the establishment of an additional after-school classes, was carried out by the Plaintiff at the time of 2016 as a three-year course in the first semester. Although the above classes were originally set at three hours per week in the first Tuesday, the Plaintiff is running an additional Saturdays class without deliberation by the School Governance Committee or approval by the principal of the school (hereinafter “instant classes”).

(2) On April 22, 2016, the Plaintiff received civil petition information that he/she manages the students’ internal health through after-school classes as a tuition fee for the Plaintiff, and on April 23, 2016, the class of this case was suspended on April 23, 2016, and B high school, on April 25, 2016, issued an interim examination problem by excluding the Plaintiff from the persons preparing the English and interim written examination questions.

On April 25, 2016, the Plaintiff returned all tuition fees of this case to students.

C. (1) On April 26, 2016, with respect to the Plaintiff’s establishment of additional after-school classes, the head of B High School sent written warnings to the Plaintiff on the grounds of violation of Articles 56 (Duty of Good Faith), 61 (Duty of Integrity), and 63 (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 of the Seoul Metropolitan Office of Education. (2) On June 16, 2016, when the Plaintiff was excluded from the preparation for the third year English and the last year examination, the Plaintiff filed a civil petition against the Plaintiff that it may be reverse discrimination against students who take lessons from the Plaintiff.

Accordingly, the head of Bhigh school on the same day shall suspend after-school classes conducted by the plaintiff on the Tuesday, and after-school classes for the plaintiff.

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