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(영문) 부산지방법원 2017.04.06 2017구합20096
징계처분무효확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. From January 1, 2016, the Plaintiff has worked as a supervisor of the Tong-gu Department, who is an educational working employee, in B High School.

Article 33(1) of the Elementary and Secondary Education Act, Article 64(3) of the Enforcement Decree of the same Act, and Article 14(3) of the Busan Metropolitan City Development Fund and Guidelines for the Creation and Operation and Accounting of the Educational Development Fund I. The summary of the Accounting Management Guidelines;

B. In violation of the basic principles for the creation and operation of the School Development Fund and Article 12 of the Rules of Employment of Educational Working Staff belonging to the Superintendent of the Busan Metropolitan City Office of Education, it was found that the Family Association of the Camp-gu has created an opportunity to collect illegal support funds by raising equity issues of scholarships paid only to 16 students among the total 28 students of the Camp-gu at the early B High School in a semester, and that the Family Association of the Camp-gu in the middle-gu in the middle-gu in 2016 sent 50,000 won to 16 students of the Camp-gu in the middle-term in the middle-term in the middle-term in the middle-term in the middle-term in the middle-term in the middle-term in the middle-term in the middle-term in the middle-term in the middle-term in the middle-term in the middle-term in the middle-term in the middle-term in the middle-term in the middle-term in the middle-term in the middle-term in the middle-term in the middle-term in the middle-term.

The Improper Solicitation and Graft Act (hereinafter referred to as the "Improper Solicitation and Graft Act")

(1) In violation of Article 8(1) of the Act, the Plaintiff requested the president of the Young-gu School Federation to convene a meeting of the Young-gu School Federation, and on October 7, 2016, the Plaintiff demanded the president to pay KRW 8 million for retirement consolation money (for a two-month salary) of two Co-owners (C and D) at the meeting of the School Federation on October 7, 2016.

B. On December 30, 2016, the Defendant, following a resolution by the Busan Metropolitan Office of Education Personnel Committee for Educational Workers.

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