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(영문) 전주지방법원 2017.05.11 2016구합114
파면 및 징계부가금부과 처분 취소 청구의 소
Text

1. The Defendant’s disposition of removal against the Plaintiff on August 12, 2015 shall be revoked.

2. The plaintiff's remaining claims.

Reasons

1. Details of the disposition;

A. On April 8, 1982, the Plaintiff was newly appointed as a teacher of a private high school. On March 1, 2000, the Plaintiff served as a public school teacher due to his/her special character as a public school teacher of the Jeollabuk-do Office of Education, and served as a teacher of a public school from March 1, 2012 to May 2015.

B. Upon receipt of a civil petition against the Plaintiff, etc. around April 2015, the Defendant conducted an audit on B/high school from April 17, 2015 to June 5, 2015.

(hereinafter referred to as “instant audit”). C.

On July 15, 2015, the Defendant requested the Plaintiff to make a heavy disciplinary decision on the grounds that the following grounds for disciplinary action (hereinafter collectively referred to as “each of the instant grounds for disciplinary action”) occurred. On July 28, 2015, the Public Educational Officials Disciplinary Committee of Jeollabuk-do held that each of the instant grounds for disciplinary action was fully recognized on July 28, 2015, and accordingly, the Plaintiff violated Articles 56 (Duty of Fidelity), 61 (Duty of Integrity), and 63 (Duty of Integrity) of the State Public Officials Act, and decided to dismiss the Plaintiff and to dismiss the Plaintiff from office and to impose disciplinary surcharge (three times).

On August 12, 2015, the Defendant: (a) removed the Plaintiff from office in accordance with the above resolution; and (b) imposed a disposition of imposing disciplinary surcharge of KRW 600,000 on the Plaintiff.

(A) In the instant case, the Plaintiff’s “disposition of dismissal and imposition of a surcharge of KRW 600,000,000,000,000,000,000 (hereinafter “each of the instant dispositions”). ① A corporate association C (hereinafter “C”) sent “B high school-9377,” and “B high school-1024 ( December 31, 2013),” and “B high school-1024 (including December 31, 2013): (a) forged public documents; (b) forged the “Disposition of dismissal and imposition of a surcharge of KRW 600,000,000,000,000,000,000,000,000

(2) On December 31, 2012, the Plaintiff received money and valuables KRW 300,000 from an external institution under the pretext of encouragement, for which there is no basis for payment from an external institution, according to the above forged meritorious deed.

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