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(영문) 대전지방법원 2015.01.21 2014구합101438
정직처분취소
Text

1. The Defendant’s disciplinary action for one month of suspension from office against the Plaintiff on October 14, 2013 shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On September 1, 1989, the Plaintiff was newly appointed as C Middle School Teachers on March 1, 2007, and was transferred to D High School (hereinafter “D Schools”) on March 1, 2007, and from February 1, 2013, the Plaintiff served as the chief teacher in the second year of D Schools.

B. From July 17, 2013 to 19th of the same month, D Schools participated in military experience activities (hereinafter “instant training activities”) conducted by E Co., Ltd. (hereinafter “E”). At around 17:00 on July 18, 2013, five of the aforementioned students participated in the “Nomencla Maritime Camp” which was entrusted by E and conducted by F Co., Ltd. (hereinafter “F”) (hereinafter “instant accident”).

C. On October 7, 2013, the Defendant held a disciplinary committee and decided to take one-month disciplinary action against the Plaintiff on the ground that the Plaintiff violated Article 56 of the State Public Officials Act, Article 9 of the Enforcement Decree of the Act on Contracts to Which the State is a Party, Article 59-3 of the Enforcement Decree of the Act on Contracts to Which the State is a Party, Articles 33 and 40 of the National Kindergarten and Elementary and Secondary Schools Accounting Rules, and Article 78(1)2 of the State Public Officials Act on the ground that he/she violated the operation manual of field experience learning, such as field trips and training activities, and notified the Plaintiff thereof on October 14, 2013.

(2) In relation to the establishment of the training activity plan of this case, it is necessary to set up the safety measures and unit price prior to approval of the master plan. (4) It is necessary to conclude a contract with one company as a unit price set in advance, even though the content of the deliberation by the school operating committee is not stated in the meeting minutes. (2) It is necessary to establish a plan subsequent to the establishment of the master plan for training activities of this case.

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