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(영문) 서울중앙지방법원 2017.12.14 2017가합522278
임금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

In addition, when the Plaintiff’s lecture evaluation results in the Plaintiff’s criticism, the chief of the department finds out the truth-finding that the Plaintiff had caused students to die and make critical evaluations, and that his or her human rights and educational rights were infringed upon, the National Examination on August 13, 2015; the Ministry of Education on September 14, 2015; and the Ministry of Education on November 2, 2015; and continuously raised a national newspaper to gather the personality of the faculty members and depict the internal and external reputation of the university of this case. This is inconsistent with the main portion of the faculty members falling under each subparagraph of Article 61(1) of the Private School Act; the violation of duties; and the infringement of teachers’ dignity; and the act falls under Article 38(1)1 through 4 and 8 of the Regulations on Personnel Management of Teachers.

Among the relevant regulations, the main contents of the instant dismissal disposition are as follows.

* Article 23 (Organization, Functions, etc. of the Board of Directors) (1) The Board of Directors shall deliberate and decide on the following:

5. Matters concerning the appointment of the head of a school and teachers established by the defendant.

1. A person who lacks ability to perform his duties, or whose performance record is extremely poor, or whose working attitude as a teacher is extremely unfaithful;

2. A person for whom a resolution on disciplinary action is requested shall not be subject to any unfair disposition, such as temporary retirement or dismissal from office, against his/her will, unless such disposition is based on a disciplinary action sentenced to punishment or a cause prescribed by the Private School Act;

Article 56 (Establishment and Organization, etc. of Teachers' Disciplinary Committee) (1) In order to deliberate and decide on disciplinary cases of teachers and other matters determined by the jurisdiction of the teachers' disciplinary committee.

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