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(영문) 수원지방법원 2018.10.31 2018구합64666
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 March 1, 1983, the Plaintiff was newly appointed as a teacher of the Kuduk High School located in Suwon-si, and was transferred to the Central Middle School located in Ansan-si on March 1, 1990. From March 1, 2013, the Plaintiff served as the advanced skills teacher of the Busan High School (hereinafter “instant school”).

B. On April 24, 2017, at the national newspaper of the Anti-Corruption and Civil Rights Commission, the Plaintiff filed a civil petition against the principal C of the instant school under the title of “the fact of misconduct in the principal of the school and the pressure of the teachers and staff.” On April 28, 2017, the principal C requested the Plaintiff to conduct an audit on the ground that the Plaintiff was “the violation of the maintenance of dignity and the establishment of a job discipline.”

C. On November 3, 2017, the Defendant conducted an audit on the principal C and the Plaintiff, etc., and then requested a disciplinary resolution against the Plaintiff on the ground that the Plaintiff violated Articles 57 and 63 of the State Public Officials Act and Article 9 of the Code of Conduct for Public Officials (Prohibition of Personnel Solicitation, etc.) as follows. On November 29, 2017, the Gyeonggi-do General Public Educational Officials Disciplinary Committee decided to take one month of suspension from office against the Plaintiff on the ground that the cause for disciplinary action against the Plaintiff is recognized. The Defendant, on December 4, 2017, issued a disciplinary measure for one month suspension from office against the Plaintiff (hereinafter “instant measure”).

The Plaintiff related to the violation of the duty to maintain dignity (hereinafter “instant disciplinary cause”) refers to the manager and regular employees from December 2, 2015 to March 2017, 2017, using the Mesenger’s Mesenger’s main duties. From March 2015 to March 2, 2017, the Plaintiff did not properly verify the contents of the Mesenger’s resistance through the advanced skills teacher and the duties carried out by the principal, and sent distorted messages to the former teachers on two occasions and caused conflicts. On April 13, 2017, the Plaintiff provided an example to the principal C before the school and told him/her as a half-yearly.

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