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(영문) 창원지방법원 2016.01.19 2015구합21528
견책처분 취소청구의소
Text

1. All reprimands issued by the Defendant against the Plaintiffs on January 19, 2015 shall be revoked.

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

Reasons

1. Details of the disposition;

A. From March 8, 2002, Plaintiff A is in the Department of Computer Convergence of G University from March 8, 2002; Plaintiff B is in the same school construction department from March 20, 1996; Plaintiff C is in the same school English department from March 11, 1986; Plaintiff D is in the same school construction department from September 1, 2001; Plaintiff E is in the original department of the same school from March 1, 2004 to the original department of the same school; Plaintiff E is in the original department of the same school from October 1, 1995 to the same school science department.

B. On August 11, 2004, on the grounds that the Plaintiffs violated Articles 56 (Duty of Good Faith), 60 (Duty of Confidentiality) and 66 (Prohibition of Collective Action) of the State Public Officials Officials Act (hereinafter “instant General Disciplinary Committee”) on the following grounds, the Defendant requested a mid-term disciplinary resolution against the Plaintiffs to the General Disciplinary Committee of G University. On October 8, 2014, the instant General Disciplinary Committee made a decision on the “non-written warning” against the Plaintiff and delegated the Defendant with the processing thereof (hereinafter “Plaintiff B, etc.”) without taking a disciplinary resolution as to the Plaintiff B, C, D, E, and F (hereinafter “Plaintiff B, etc.”).

From November 1, 2013 to August 2014, the Plaintiffs violated the duty of good faith as state public officials by jointly preparing and signing the names of January 8, 2014 and the certificates of public disclosure as of April 2, 2014, and hindering the president’s legitimate appointment by allowing all the faculty members and the press to distribute them to the public. In this process, the Plaintiffs violated the duty of confidentiality, such as disclosing the contents discussed in the Personnel Committee to the public under full control, and committed a collective act that shall not be a state public official.

C. Accordingly, pursuant to Article 20-2 of the Decree on Disciplinary Action against Public Educational Officials on November 6, 2014 and Article 82(2) of the former State Public Officials Act (amended by Act No. 13618, Dec. 24, 2015; hereinafter the same), the Defendant “Special Disciplinary Committee” below the “Special Disciplinary Committee on Public Educational Officials.”

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