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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. The Plaintiff was appointed as an elementary school teacher on March 1, 1981, and was promoted to an assistant principal on September 1, 2009. From March 1, 2014, the Plaintiff was appointed as an assistant principal and was in office as B elementary school principal.
B. On June 21, 2017, the Defendant received a civil petition related to the Plaintiff’s violation of human rights and operation of special classes against the Plaintiff’s faculty members in the National Newspapers, and conducted an investigation into the said civil petition from October 23, 2017 to November 22, 2017.
On the other hand, on October 31, 2017, the National Human Rights Commission recommended the defendant to punish the plaintiff on the ground that the plaintiff violated the equality rights of disabled students in violation of the Act on the Prohibition of Discrimination against Disabled Persons.
C. On January 4, 2018, the Defendant requested the Incheon Metropolitan Office of Education General Disciplinary Committee on Public Officials’ Training (hereinafter “General Disciplinary Committee”) to take a disciplinary measure against the Plaintiff on the grounds of suspicion as stated below. On January 23, 2018, the said Committee recognized all the facts of the above suspicion, and decided to dismiss the Plaintiff on the ground that it constitutes grounds for disciplinary action under Article 78 of the State Public Officials Act in violation of Article 56 (Duty of Fidelity) of the State Public Officials Act and Article 63 (Duty of Fidelity) of the State Public Officials Act. On February 28, 2018, the Defendant dismissed the Plaintiff (hereinafter “instant disposition”).
[Attachment]
1. Inappropriate speech and behavior (the ground of disciplinary action No. 1) the Plaintiff ordered the competent officer for the reason that the Plaintiff did not do so in 2015, and ordered the chief of the administrative office to be the school room for up to two hours. The Plaintiff sent a large voice in the situation where the chief teacher was in charge of the English dedicated English classroom for the first semester 2016. The TV line of the classroom in December 1, 2016 should not be arranged.