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(영문) 광주지방법원 2020.07.23 2020구합10647
직위해제처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On March 1, 1997, the Plaintiff was specially employed as a teacher of B High School, and from March 1, 2019 to March 1, 2019, the Plaintiff served as a teacher.

B. On July 22, 2019, the Gangnam Police Station notified the Defendant of the commencement of an investigation into the suspicion of violating the Child Welfare Act by the Plaintiff.

C. On July 30, 2019, the Gangnam Police Station notified the head of the Gwangju High School Family Court of the decision to take ad hoc measures with respect to the Plaintiff as follows:

By September 20, 2019, the Plaintiff ordered the Plaintiff to prohibit access within 100 meters from the school of victimized children.

By September 20, 2019, the Plaintiff is ordered not to transmit signs, text, sound, or images to the address of Handphones or e-mail of victimized children by wire, wireless, light, and other electronic means.

The plaintiff shall be entrusted with counseling and education to a specialized agency for child protection in the Jeonnnam-do for two months.

On August 1, 2019, the defendant released the plaintiff from his position in accordance with Article 73-3 (1) 6 of the State Public Officials Act, and ordered the plaintiff to be reinstated on August 23, 2019.

E. On September 16, 2019, the Defendant dismissed his position in accordance with Article 73-3(1)6 of the State Public Officials Act on the ground that “The period of service for the performance of duties expires, the period of protective measures has not expired for victim students of the judicial institution, and considering various circumstances such as the progress of the investigation and school conditions, it is deemed that physical isolation between the victim and the victim is necessary until the final notification of the results of the investigation agency, and it is difficult to perform normal duties as a teacher.

(f) The Plaintiff was dissatisfied with the instant disposition and filed a request for review of the appeal with the Teachers’ Appeal Committee. However, the Plaintiff was dismissed on December 11, 2019, and the Plaintiff was served with the certified copy of the said written decision on December 27, 2019.

[Based on recognition] Facts without dispute, Gap evidence 1 to 4, 6, and Eul evidence 1 (including each number; hereinafter the same shall apply).

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