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(영문) 대전지방법원 2015.12.09 2014구합103328
교원소청심사위원회결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.

Reasons

From March 1, 2010, the Plaintiff served as a special teacher at C school, a special school, for mental retardation students operated by the Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”).

On April 4, 2014, the Intervenor Disciplinary Committee decided to dismiss the Plaintiff on the ground that the Plaintiff committed the following acts and violated Article 63 (Duty to Maintain Dignity) of the State Public Officials Act and Article 18-4 (Guarantee of Human Rights of Students) of the Elementary and Secondary Education Act and Article 16-2 (Protection of Students with Disabilities) of the Act on Prevention of and Countermeasures against Violence, thereby falling under grounds for disciplinary action under Article 78(1) of the State Public Officials Act. Accordingly, the Intervenor notified the Plaintiff on April 11, 2014.

(hereinafter “instant dismissal”). On May 8, 2013, the Plaintiff: (a) on May 8, 2013, during classes in the fifth grade class class class of elementary school, the Plaintiff saw a part of the student D to the student E, F, and G, thereby pushing the student E, F, and G, and was sprinked one time with the floor of hand.

② From April 2013, around 2013, the fiveth anniversary of the lower court’s fifth grade H used it as its hand.

③ From October 2013 to December 12, 2013, H’s shoulder and broad bridge were set between H.

④ On February 6, 2014, H and G were wraped, and asked H as “missent” was asked on the ground that H was h’s desire. As such, H’s side interest was drinking.

⑤ E이 말을 안 하고 화장실을 다녀왔다는 이유로 손가락을 튕기는 방법으로 E의 이마를 때렸다.

6) On the ground that G was written in the year 2013 by her falsehood and her day, G continued to file a written report on punishment during the class hours, and file a written report on the punishment for her physical activity, and the punishment for her limited loss was three times during the duration of his/her physical activity while he/she was born at the bar, and the time of his/her physical activity led his/her mixed poster and hand in the classroom.

On May 9, 2014, the Plaintiff appealed and filed a petition review with the Defendant on May 9, 2014. However, the Defendant recognized the grounds for the disciplinary action against the Plaintiff on June 25, 2014, and caused serious damage and mental retardation.

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