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(영문) 서울행정법원 2019.04.12 2018구합88272
교원소청심사위원회결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.

Reasons

Details of the disposition

The status intervenor of the parties is a school foundation that establishes and operates Chigh School (hereinafter referred to as “instant school”).

On March 1, 2006, the Plaintiff was appointed as a Korean language teacher in the instant school and served as the head of the higher school and the first half of the third year since 2017.

On July 18, 2017, the Busan Gangseo Police Station notified the intervenor that an investigation into the plaintiff was initiated. On July 29, 2017, the intervenor was released from position against the plaintiff.

On March 27, 2018, the Busan District Public Prosecutor's Office rendered a decision to prosecute the remainder of the charged facts (the name of the crime: the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act)) against the Plaintiff.

(In Busan District Public Prosecutor's Office, 2017, No. 16843). The teachers' personnel committee of the instant schools decided to request a resolution on disciplinary action against the Plaintiff on April 11, 2018, and the principal of the instant school requested a resolution on disciplinary action against the Intervenor on April 11, 2018.

On April 21, 2018, the board of directors of the Intervenor resolved a request for disciplinary resolution against the Plaintiff, and on April 27, 2018, the Intervenor requested the Intervenor’s disciplinary committee (hereinafter “instant disciplinary committee”) to make a disciplinary resolution against the Plaintiff.

On May 17, 2018, the instant disciplinary committee recognized the Plaintiff in order of the grounds for disciplinary action (hereinafter “instant grounds for disciplinary action”) as follows, and decided to dismiss the pertinent level of disciplinary action.

On June 16, 2018, the Intervenor dismissed the Plaintiff (hereinafter “instant dismissal”).

1. 2017. 4.부터 같은 해 5.경 사이 피해자 D의 머리를 자신의 배로 비비거나 튕겨 아동청소년의성보호에관한법률위반(강제추행)

2. around April 2017, the head of the Victim E shall be the victim E.

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