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(영문) 서울행정법원 2018.05.31 2017구합68844
교원소청심사위원회 취소결정 취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.

Reasons

1. Details of the decision;

A. The Plaintiff is a school foundation that operates the C University (hereinafter “instant University”), and the Intervenor joining the Defendant (hereinafter “ Intervenor”) was appointed as an associate professor or assistant professor on September 1, 201 and was promoted as an associate professor on October 5, 2016 (from October 5, 2016 to October 4, 2022).

B. On December 6, 2016, the Plaintiff’s board of directors resolved a request for disciplinary action against the Intervenor. On December 8, 2016, the Plaintiff demanded a resolution on disciplinary action against the Intervenor pursuant to Article 64 of the Private School Act. On December 19, 2016, the instant University Teachers’ Disciplinary Committee decided to dismiss the Intervenor. Accordingly, on December 30, 2016, the Plaintiff issued a dismissal disposition against the Intervenor on the ground that the Intervenor violated Article 61 of the Private School Act (hereinafter “instant dismissal disposition”).

As a result of the Plaintiff’s partial audit (specific job audit), it is found that the Intervenor committed a violation of the relevant provisions and regulations regarding more than five teaching evaluation, school affairs management, and service matters from the year of 2013 to the date of 2016, as follows. This constitutes grounds for disciplinary action under Article 61 of the Private School Act (hereinafter “Grounds for Disciplinary Action 1”).

(2) plagiarism of research performance by unauthorized reproduction of copyrighted works under one’s name (hereinafter “instant Disciplinary Reason 2”) 3) improper management of school affairs (hereinafter “instant Disciplinary Reason 3”)

4) The instant grounds for disciplinary action are as follows: (a) creating improper awareness to the university authorities related to festivals (hereinafter “instant grounds for disciplinary action 4”); (b) resulting in failure to implement major policies related to social welfare and D campus relocation (hereinafter “instant grounds for disciplinary action”); and (c) combined with all of the grounds for disciplinary action in the instant case, “each of the instant grounds for disciplinary action”.

A person shall be appointed.

C. On January 24, 2017, the Intervenor revoked the instant dismissal disposition against the Defendant.

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