The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Details of the disposition

On March 1, 2015, the Plaintiff was newly appointed as a middle school teacher on March 1, 2015 and was transferred to C Middle School on March 1, 2019.

On April 19, 2019, the Defendant took a disciplinary measure against the Plaintiff (hereinafter “instant measure”) following a resolution by the Busan Metropolitan City Public Educational Officials Disciplinary Committee, on the ground that the Plaintiff violated Article 63 (Duty to Maintain Dignity) of the State Public Officials Act by doing the following acts:

2018. 9. 11. 18:30 ~ 21:00경 D에 있는 E 극장에서 사제동행 활동 영화관람 중 왼손으로 옆자리 여학생의 오른손을 잡고 깍지를 낀 상태에서 학생의 손바닥, 손가락 하나하나의 마디를 지속적으로 만지다가 손가락으로 감싸기도 하고, 학생 쪽으로 몸을 기울여 학생의 귀에 얼굴을 대고 귓속말하듯 속삭이는 행동을 한 혐의로 광주지방검찰청으로부터 「아동ㆍ청소년의성보호에관한법률위반(위계등추행)」으로 불구속 구공판 처분을 받았다

(hereinafter “Disciplinary Reason 1”), around September 2018, when explaining the distance from the three-year class classes in the Korean language to the Hypodong University in Seoul, Hypodong University related to “Neman Day” among the classes in the Korean language, the suspicion that “If you come to come to come to the school on the side of the university, there is no night tree and no telecom, and there is no telecom,” is not only inappropriate as an educator from the Gwangju District Public Prosecutor’s Office as an educator, but also sufficient to give a sense of shame to students. However, it is insufficient to deem that the act of sexual abuse has reached the degree of undermining children’s health and welfare, and it is insufficient to deem that there is no other evidence to prove the suspicion of the suspect, and thus, it was subject to a disposition without suspicion (comprehion of evidence) as to the “Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes (Punishment of Child Welfare Facilities Employees, etc.)” due to lack of evidence.

(hereinafter referred to as “Disciplinary Reason 2”). The class in the year 2017 also takes part in the student’s seat while putting the film up at the student’s side.