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(영문) 광주지방법원 목포지원 2018.05.25 2017가합12931
해임처분 및 재임용거부처분 무효확인
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. Since the Plaintiff was appointed as a full-time lecturer at C University established and operated by the Defendant on March 1, 200, the Plaintiff was appointed as an assistant professor on April 1, 2002 and as an associate professor on October 1, 2009.

B. On January 13, 2015, the Defendant: (a) asked C University Teachers’ Disciplinary Committee (hereinafter “Disciplinary Committee”) to decide on the dismissal of the Plaintiff on the following grounds: (b) on the following grounds: (c) on May 13, 2014, the Plaintiff talked about the foregoing facts at a meeting place (hereinafter “Disciplinary Reason 1”); (d) on June 3, 2014, at a meeting meeting meeting with doctorate (hereinafter “Disciplinary Reason 2”); (c) on the grounds that “the nature of the name was low” (hereinafter “Disciplinary Reason 3”); and (c) on the ground that “A University Teachers’ Disciplinary Committee (hereinafter “Disciplinary Disciplinary Committee”) requested a resolution on the dismissal of the Plaintiff on June 3, 2015 after the resolution of the Disciplinary Committee.

C. On June 22, 2015, the Plaintiff filed a petition review with the Appeal Committee for Teachers on Appeal. However, on August 12, 2015, the Plaintiff filed a lawsuit seeking revocation of the decision of the Appeal Committee for Teachers under the Seoul Administrative Court 2015Guhap78267.

On October 27, 2016, the Seoul Administrative Court rendered a decision to revoke the decision of the Appeal Committee for Teachers to the effect that the dismissal decision is excessive, although the grounds for disciplinary action against the first or third person are recognized. The above decision became final and conclusive on November 22, 2016.

Accordingly, on December 21, 2016, the teachers' appeals review committee revoked the above dismissal decision by review decision, and the defendant reinstated the plaintiff on the same day.

E. On February 17, 2017, the Defendant requested the teachers’ disciplinary committee to make a disciplinary decision against the Plaintiff on February 20, 2017, following the resolution of the board of directors on February 17, 2017. The teachers’ disciplinary committee acknowledged the grounds for disciplinary decision on May 8, 201 through 3, and the same act as the above grounds for disciplinary decision is the Private School Act.

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