1. The plaintiff's claim is dismissed.

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

1. Presumed factual basis

A. The Plaintiff is a male who was born in 1968, and from September 1, 2010, the Plaintiff served as a confection and assistant professor at C University, a private school, and the Defendant is an educational foundation operating C University.

B. The Plaintiff was notified of dismissal from position on April 27, 2017 by the Defendant, and was notified of disciplinary action on July 21, 2017.

(D) The Plaintiff’s dismissal from his position (hereinafter “instant removal from position”) and the above removal from his position (hereinafter “instant dismissal”). The written resolution on disciplinary action contains the following contents as a ground for disciplinary action against the Plaintiff:

D Resolution states that “The Plaintiff’s sexual harassment is recognized as having been committed against the Plaintiff’s student, and that such act constitutes grounds for disciplinary action against sexual harassment under Article 61(1)1, 2, and 3 of the Private School Act, Article 53(1)2, and 3 of the Articles of Incorporation, Article 52 subparag. 4 of the Public Educational Officials Act, Article 2 subparag. 3(d) of the National Human Rights Commission Act, Article 2 subparag. 1 of the National Human Rights Commission Act, and [Attachment] [Attachment] of the Rules on Disciplinary Action under the Public Educational Officials Act.”

C. The content of the statutes, etc. relating to the instant case is as follows.

Article 61 (Causes and Types of Disciplinary Action) (1) Where a teacher of private school falls under any of the following subparagraphs, the person authorized to appoint the teacher concerned shall request for disciplinary action and take a disciplinary action according to the result of such disciplinary action:

1. Where he performs an act contrary to the teacher's principal portion in violation of this Act and other education-related Acts and subordinate statutes;

2. When he violates or neglects his duties;

3. When he commits an act detrimental to the dignity of a teacher regardless of whether he is on or off duty, and when a person authorized to request a disciplinary decision under Article 64-2 requests a disciplinary decision under Article 64, he shall send an explanatory note specifying the reasons for the disciplinary decision at the same time as the person subject to disciplinary decision is requested.