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(영문) 서울행정법원 2014.06.13 2013구합27241
해임처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.

Reasons

The circumstances leading to the instant decision and the past disputes are school juristic persons establishing and operating Cuniversity.

On August 26, 1991, an intervenor was newly appointed as a new assistant professor with the Department of Shin at C University on August 1, 201 and was appointed as a professor on October 1, 201.

Around April 2006, the Intervenor served as the principal of the University of C University University University. A dispute arises between the Intervenor and other professors, and the Intervenor filed a complaint against the President of C University, etc. as defamation.

Accordingly, the plaintiff was subject to one month of suspension from office against the intervenor, and the above disciplinary action was changed due to the intervenor's objection after the review of the teachers' appeals review committee.

When the dispute between the intervenor and the associate professor continued, the plaintiff dismissed the intervenor on May 26, 2008, but the defendant revoked the above dismissal on the ground of procedural defect on July 21, 2008.

On February 16, 2009, the Plaintiff issued a disposition of suspension from office for three months 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, including “violation of the duty to maintain dignity as a student due to duplicate publication, plagiarism, and double receipt of research funds,” and Article 4 of the C University Service Regulations.

However, on April 27, 2009, the Defendant did not recognize duplicate publication of the paper, plagiarism, and double receipt of research funds among the grounds for disciplinary action as grounds for disciplinary action. On the other hand, the Defendant decided to change the three months of suspension from office into salary 3 months, while some grounds for disciplinary action are recognized.

The "Research Promotion and Research Ethics Committee" established by the Research Ethics Committee of the C University (hereinafter referred to as the "Research Ethics Committee") is an institution that deliberates on and resolves all matters concerning academic research with the purpose of supporting the academic activities of the C University and establishing research ethics of researchers.

As seen earlier, disciplinary action against the intervenor is taken.

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