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(영문) 전주지방법원 2017.05.30 2015가단8478
손해배상(기)
Text

1. Defendant B and C jointly share KRW 500,000 to the Plaintiff and 5% per annum from March 25, 2015 to May 30, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who is appointed as a Korean language teacher in H High School (hereinafter “instant school”) operated by H High School G (hereinafter “G”) on September 1, 1999, and Defendant B is the principal of the said school, Defendant C is an assistant principal, Defendant D, E, and F of the said school.

B. G: (a) on May 21, 2014, G was subject to removal from position on the ground that the request for a resolution of disciplinary action was made; (b) on June 30, 2014, G held a teachers’ disciplinary committee and resolved to dismiss the Plaintiff on July 4, 2014.

C. On May 21, 2014, the Plaintiff filed a request for review of an appeal seeking cancellation of the above removal from position, and on July 4, 2014, the Plaintiff filed a request for review of an appeal seeking cancellation of the above removal from position. On October 15, 2014, the Appeal Commission for Teachers dismissed the Plaintiff’s request for cancellation of the above removal from position on October 15, 2014, and made a decision changing the above removal from position for three months.

On the other hand, G filed a lawsuit against the teachers' appeals review committee to seek revocation of the above amendment (Seoul District Court Decision 2015Guhap100241), and Daejeon District Court held that some of the 1, 2 and 3 of the 4 and 8 of the 1, 2, which are deemed grounds for disciplinary action, are not recognized as grounds for disciplinary action, and thus, the removal disposition against the Plaintiff is illegal as abuse of discretion, and that the decision of the teachers' appeals review committee that changed the 3 months of suspension from office was lawful.

E. Meanwhile, around January 2014, Defendant B and C, as indicated in [Attachment No. 2] No. 2 of the Disciplinary Reason No. 201, destroyed the reputation of the said Defendants by openly pointing out facts to the school teachers of the instant case through Jeonbuk Qudo on September 11, 2012 and November 6, 2012. On October 28, 2013 and October 30 of the same month, Defendant B and C used and operated a lessons with the same contents as stated in the [Attachment No. 3] No. 3 of the Disciplinary Reason No. 3, and made a false public notification to students.

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