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(영문) 창원지방법원 2016.09.20 2015구합514
정직처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On September 1, 2009, the Plaintiff was appointed as a full-time lecturer at the C University, a national university, and served as an associate professor from January 1, 2015 to the present date. D (E; hereinafter “victim”) was a female student who was studying in the B University on September 1, 2012, who was a Chinese student studying in the B University as a leading professor, and completed the C major and master course.

B. On April 10, 2015, the Defendant demanded a resolution of heavy disciplinary action on the ground that the Plaintiff violated Article 63 of the State Public Officials Officials Act (hereinafter “instant Disciplinary Committee”) under the General Disciplinary Committee on Public Educational Officials at B University (hereinafter “instant Disciplinary Committee”) as follows:

1. On September 1, 2013 through October 10, 2013, when the victim wants to wear clothes after an academic event, the Plaintiff sent a teaching assistant F and followed the Plaintiff’s drinking to the time between 2-3 and 2-3 of the new wall in the Plaintiff’s room.

(A) On September 2, 2013 through October 10, 2013, the Plaintiff demanded G students to have a meal at a non-permanent-type limited house after academic events and demanded them to follow the drinking to Japanese professors and the Plaintiff. On that spot, the Plaintiff was unable to sit the female employees of the drinking house and was able to make the victims difficult due to a wide bridge.

(hereinafter referred to as "grounds for the second disciplinary action").

On April 27, 2015, the instant disciplinary committee decided that the Plaintiff shall be punished by the suspension of office for the period of three months, and the Defendant, on the same day, took a three-month disciplinary measure (hereinafter “instant disciplinary measure”). D.

On April 30, 2015, the Plaintiff appealed and filed an appeal review, and the teachers’ appeals review committee dismissed the Plaintiff’s appeal on July 9, 2015.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 8, Eul evidence Nos. 20, 24, 25, and 43, the purport of the whole pleadings

2. Whether the instant disposition is minor;

A. The head of B University sexual assault and sexual harassment counseling center with procedural defect of the Plaintiff’s assertion 1.

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