A court ruling was justified that the school was justified by an already disciplined professor who was later charged with the same issue.

The 9th Division of the Seoul High Court (Deputy Judge Kim Si-cheol Min Jeong-seok, Kyung-hoon Lee) recently ruled against the plaintiffs in an administrative lawsuit filed against the Teachers' Appeals Review Committee by a private university in Seoul.

Appointed as an associate professor at Seoul National University Medical School in 2002, A was promoted to a professor in 2007, and in March 2017, he was dismissed for excuse and insult to his majors.

The disposition was canceled by the Teachers' Appeals Review Committee, and the school decided to punish A for three months in honesty.

Subsequently, when Mr. A was prosecuted for assault and insults, the school issued a 2018 re-disposition.

The school's lawsuit was filed when the Teachers' Appeals Review Committee canceled it for another reason, such as "I have been disposed of for three months in honesty and cannot be disciplined again for the same reason."

A was sentenced to two years in probation six months in prison the following year in the Supreme Court, and retired from the university.

The Tribunal of the Administrative Tribunal decided that Mr. A had already retired, and that the school had no benefit from the ruling.

If the lawsuit or application fails to meet the requirements, the decision is made to conclude the trial process without judging the claim itself.

On the other hand, the Court of Appeals judged that the legitimacy of disposing of direct risks would affect Mr. A's salary, etc.

The Court of Justice responded to Mr. A's claim that `` without special circumstances, the disciplinary action cannot be taken again for the same reason '': `` A is prosecuted for a criminal case such as an assault. I can dispose of it. ”

The court said, "The previous disposition of honesty was based on the fact that 'A's reciprocal aggression and assault was recognized.' On the other hand, the reason for the direct dismissal system was based on the fact that" A was charged with criminal cases such as assault. " It's hard to say that is the same. "

Next, "Disposition for direct risks is different from disciplinary sanctions, which is a legal property. Even if a disciplinary action is taken for any reason, if it can be evaluated as the reason for the direct disposition, a new direct disposition can be made for this reason. "It was judged.