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(영문) 수원지방법원여주지원 2014.07.03 2013가합2404
손해배상 및 임금청구의 소
Text

1. Defendant School Foundation C: 34,498,664 won to Plaintiff A and 5% per annum from September 28, 2013 to July 3, 2014.

Reasons

1. Basic facts

A. The parties to the dispute and dispute 1 in the past are newly appointed on August 26, 1991 as a new assistant professor of the F University and a new assistant professor of the F University. On October 1, 1995, the Plaintiff was appointed as an associate professor on October 1, 1995, and as a professor on October 1, 2001. Defendant C (hereinafter “Defendant C”).

(2) On April 22, 2006, the Plaintiff A was assaulted by Defendant D on April 22, 2006, and Defendant D was sentenced to a fine of eight million won from the Seoul Northern District Court due to the above assault case.

3) In relation to the above assault case, Defendant C was subject to one month of suspension from office against Plaintiff A, and the above disciplinary action was changed due to Plaintiff A’s objection after review by the Appeal Committee for Teachers. 4) Meanwhile, Defendant C removed Plaintiff A from position on March 6, 2008 for the same reason as the above disciplinary action, but the Appeal Committee for Teachers revoked the above removal from position on August 4, 2008.

5) On May 26, 2008, Defendant C dismissed Plaintiff A, separate from the above removal from position, but the teachers’ appeals review committee revoked the above removal on July 21, 2008 on the ground of procedural defects. 6) Accordingly, Defendant C, on February 16, 2009, ordered Defendant C’s suspension from office for three months against Plaintiff A on the ground of violation of Article 56, 57, and 63 of the State Public Officials Act under Article 55 of the Private School Act, and Article 4 of the F University Service Regulations.

However, on April 27, 2009, the Appeal Committee for Teachers did not recognize duplicate publication, plagiarism, and double receipt of research funds among the grounds for disciplinary action as grounds for disciplinary action. On the other hand, some of the grounds for disciplinary action were recognized, and the decision was made to change the three months of suspension from office into salary 3 months.

7. Meanwhile, on April 3, 2009, Plaintiff A filed a claim for damages against Defendant C, etc. under this Court 2009Gahap715 on the ground that the aforementioned series of illegal and unfair disciplinary actions were inflicted on Defendant C, etc., and the Plaintiff brought a claim for damages on June 10, 2010.

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