국가공무원법 위반과 관련한 교원소청심사위원회의 결정 분석

Abstract

This study will examine the faculty disciplinary committee, which from 2005 to 2011 changed the faculty’s petition review committee position in law revision of teachers. This was associated with a claim incident related to the violation of the National Civil Service Law of teachers which was recorded to determine the proceedings of the faculty petition review board. The analysis determined the content and current status of the petition request for examination, as well as possible decision tendencies. Looking at the results, first, in the demand’s actual condition related to the National Public Service Law violation, the most petitions evaluated were in the 63 group, the “grace duty” violations group. Next, was the 56 group “faithfulness duty” violations group and then the 61 group “integrity duty” violations group. Secondly, the decision content of the study is as follows. There was a 74.2% rejection rate, and only a 25.8% relief rate. This ratio of accepting the claim of the claimant is low. In particular, the rate of relief in Article 61 and Article 63 cases of violation of the National Public Service Act is also relatively low. Therefore, the petition examination covers strictly about four faculty performance operations, corporal punishment, sexual offenses which include bribery. Third, looking at the qualitative tendencies, the rejection decision receives an important consideration by the effects and the sincerity of the job performance, the amount of bribery, decent conduct damage that deviates from conventional wisdom. The cancellation and commutation decision was considered and important judgments about material contributions to the development of the school and commendations received, the original disposition overload and sincere work attitude. In addition, relief rates for principals and vice principals were relatively lower than common teachers which shows that strict disposal is done all teachers regardless of position. And also the relief rate of faculty members is higher than teachers of other subjects. This was analyzed by looking at abuses of discretion and defects of disciplinary proceedings by the disciplinary committee of the university.