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(영문) 대전지방법원 2018.10.26 2017구합102166
파면처분취소
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. The Plaintiff is appointed as a full-time lecturer at B University on September 1, 1996, and was employed as a professor in the Department of Documents and Information at B University on October 1, 1998 and promoted to the associate professor on October 1, 2002, associate professor on October 1, 2002, and professor on October 1, 2007.

B. From September 15, 2014 to October 17, 2014, the Board of Audit and Inspection conducted an audit of “the management status of national R&D participating researchers” to detect the fact of unfair payment and enforcement of personnel expenses of the Plaintiff participating researchers, and requested the Defendant to dismiss the Plaintiff on May 12, 2015.

C. On June 5, 2015, the Plaintiff applied for a review on the request for disposition of the audit result as above to the Board of Audit and Inspection, but the Board of Audit and Inspection decided on June 29, 2016 to dismiss the Plaintiff’s request.

On July 8, 2016, the Defendant requested the General Disciplinary Committee on Public Educational Officials at B University according to the request for disposition of the audit results by the Board of Audit and Inspection. On October 4, 2016, the General Disciplinary Committee on Public Educational Officials at B University decided disciplinary action against the Plaintiff under Article 78(1)2 of the State Public Officials Act and Article 15 of the Decree on the Disciplinary Action against Public Educational Officials on the ground that the Plaintiff’s following acts (hereinafter “instant misconduct”) committed a violation of Article 65(1) of the State Public Officials Act.

In order to pay 64,243,200 won to five accounts, including C, etc. from the industry-academic cooperation foundation (hereinafter “industrial foundation”) by falsely registering five participating researchers, including C, etc. who did not participate in research other than a master or doctoral course of study - The payment of 64,243,200 won to five participating researchers. The payment of 8,710,800 won for personnel expenses from the industrial sector would be made by unfairly registering seven participating researchers, such as D, into a participating researcher. The payment of 8,710,800 won for personnel expenses from the industrial sector would be made by managing the personnel expenses of the participating researchers en bloc. The payment of 162,131,60 won for personnel expenses paid from the industrial sector is made by falsely registering 64,243,200 won for personnel expenses paid from the industrial sector and by falsely registering the participating researchers.

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