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(영문) 서울행정법원 2019.07.25 2019구합897
교장임용제청 의무이행 재심결정 처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

On June 1, 1978, the Plaintiff was newly appointed as a teacher of the High School, and on March 1, 2014, the Plaintiff served as the principal of the High School from March 1, 2016 to the principal of the D Middle School, and from September 1, 2017 to the principal of the E Middle School.

On March 31, 2017, the Superintendent of the Gyeonggi-do Office of Education issued a disposition on March 31, 2017 against the Plaintiff imposing three months of suspension from office and three times of disciplinary surcharge (935,100 won = 311,700 won x 3) (hereinafter “instant suspension disposition”) on the Plaintiff on the ground that “the Plaintiff violated the duty of good faith and the duty of maintaining dignity, such as the violation of service duty and embezzlement of travel expenses, abuse of discretion to manage the public educational official’s service, unfair criminal investigation agencies, verbal sexual harassment against its employees, improper use, improper rejection of school accounting budget execution, unauthorized closure of entrance entrance due to emergency evacuation, removal of the head of the school administration department without consultation of the school administration, absence of communication on the decision of the school administration, infringement of the right of learning due to the change in the academic schedule of the school administration day.”

On April 6, 2017, the Plaintiff filed a petition with the Defendant seeking the revocation of the instant suspension disposition. On June 21, 2017, the Defendant dismissed the Plaintiff’s claim on the ground that “The remaining grounds for disciplinary action, other than the partial grounds for disciplinary action, are recognized, and the relevant grounds for disciplinary action are legitimate.”

On July 31, 2017, the Plaintiff filed a lawsuit against the Superintendent of the Provincial Office of Education seeking revocation of the instant suspension from office (Seoul District Court 2017Guhap877), and the said court dismissed the Plaintiff’s claim on June 28, 2018.

Therefore, although the plaintiff appealed, Busan High Court (2018Nu1060) dismissed the plaintiff's appeal on December 19, 2018. The plaintiff appealed again, but the Supreme Court (2019Du30751) dismissed the appeal on April 11, 2019, and the above judgment became final and conclusive.

On October 23, 2017, the Superintendent of the Provincial Office of Education in the process of the proposal procedure for the Superintendent of the Provincial Office of Education is promoted and reappointed on March 1, 2018.

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