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(영문) 대전고등법원 2020.10.29 2020누11341
결정 취소 청구의 소
Text

1. Revocation of the first instance judgment.

2. On June 20, 2018, the Defendant filed a claim for the cancellation of CRemoval between the Plaintiff and the educational foundation B.

Reasons

1. The reasoning for this part of the reasoning of the judgment of the court of first instance is the same as that of the corresponding part of the reasoning of the judgment of the court of first instance. As such, this part of the reasoning is cited in accordance with Article 8(2) of the Administrative Litigation Act

2. The grounds for this part of the Plaintiff’s assertion are as follows, except for the dismissal or addition of some contents, from the third bottom to the fourth bottom of the judgment of the first instance, to the fourth "2.2. Plaintiff’s assertion" (from the fourth bottom to the fourth bottom of the third to the sixth). Thus, this part is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

Then, the 6th page of the 4th page includes “In addition, even if the fact of misconduct related to the grounds for the 1st century is recognized, it shall not be deemed to constitute “sexual abuse.”

Under the 4th page, "the fact that it does not comply with the principle of equity with the plaintiff" was "the other teacher I and the J, who were subject to dismissal as the plaintiff, even though the degree of such misconduct does not be less exceptionally than that of the plaintiff, shall be determined as "the problem of equity with the fact that the dismissal is revoked or invalidated in the related lawsuit and reinstated."

3. Attached statements to the relevant Acts and subordinate statutes;

4. Determination

A. The grounds for this part of the judgment of the court of first instance are as follows.

4.(a)

1) Inasmuch as the pertinent part of paragraph (1) is the same as that of the 5th through 6th, it is cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act. (b) Determination as to the existence of a cause for disciplinary action 1) “sexual abuse” prohibited under the Child Welfare Act refers to sexual harassment, etc. that causes a sense of sexual shame to a child, which may harm a child’s health and welfare or impede normal development, and such act is a separate act from “act of causing obscene acts.”

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