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(영문) 광주고등법원 2016.07.21 2015누7608
해임처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Details of the instant disposition

A. On January 1, 1997, the Plaintiff was appointed as a philosolosophical and full-time lecturer at B University, a national university, as a professor on April 1, 2009, and served as a philosolosolosolo and a professor at B University.

B. On March 25, 2014, the Defendant issued a heavy disciplinary decision against the Plaintiff on the ground that the Plaintiff committed the following misconduct (hereinafter “instant misconduct”) to the General Disciplinary Committee on Public Educational Officials at B University, and that the Plaintiff violated Articles 56 (Duty of Fidelity), 58 (Prohibition of Deserting from Office), and 63 (Duty of Maintenance of Dignity) of the State Public Officials Act. The said Disciplinary Committee decided to dismiss the Plaintiff on the ground of the instant misconduct on April 21, 2014, and the Defendant issued a dismissal disposition (hereinafter “instant disposition”) pursuant to the resolution of the said Disciplinary Committee pursuant to Article 78(1) of the State Public Officials Act against the Plaintiff on May 2, 2014.

[1] In 209, the Plaintiff promised to prevent recurrence of the same day by causing an inappropriate monetary relation with graduate students. Although the Plaintiff had been subject to disciplinary action by impairing the dignity of public educational officials and impairing the reputation of the university due to similar cases in 2010, the Plaintiff demanded a student who applied for a Chinese philosophical course in the first semester of 2014 using telephone and text in February 2014, and some students (six students) deposit KRW 1530,000 won in total from 30,000 to 950,000 won, each of which was known to the Plaintiff. In addition, the Plaintiff demanded a student (E) who took Chinese philosophical subject in the first semester of 2013 to borrow money over several occasions from November 1, 2013 to February 2014 and paid money to him/her over 60,000 won by means of credit transfer (E).

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