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(영문) 광주지방법원 2020.12.17 2020구합12766

정직1월 징계처분 등의 취소

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On June 1, 200, the Plaintiff was appointed as an assistant professor of B University and served as a professor of medical college.

Notwithstanding Article 5(1) of the Improper Solicitation and Graft Act, Articles 6, 10, 11, and 13-2 of the Code of Conduct for Public Officials, the Plaintiff requested the professor in the firefighting machine and C to use (45 times) fire extinguisherss and sick rooms (including approximately 45 times) so that treatment can be performed in the sick room used by the patients, not the central fact used by the outpatients in the course of outpatient injection treatment by a third party (spouse) from March 15, 2017 to November 14, 2019.

If this is converted into money, it shall be 4,362,310 won.

The above unfair use of the hospital room caused serious damage to the hospital management system by omitting the record of the central fact from the assignment within the hospital and the reception of the hospital facilities using the status of professors.

The above facts violate Article 56 (Duty of Good Faith), and Article 69 (Duty of Maintenance of Dignity) of the State Public Officials Act.

B. On July 1, 2020 upon the request of the disciplinary committee for a disciplinary resolution, the Defendant imposed a disposition of imposition of KRW 8,724,620 (two times the amount subject to the disciplinary surcharge, KRW 4,362,310; hereinafter “instant disciplinary surcharge”).

C. The Plaintiff dissatisfied with the above disciplinary action and filed an appeal review on July 3, 2020, and the Appeal Commission for Teachers (the Appeal Committee for Teachers) on October 7, 2020 constituted a violation of the duty of good faith under Article 56 and Article 63 of the State Public Officials Act, and thus, the instant disciplinary ground is deemed to exist, but the Plaintiff is subject to suspension from office by reflecting the fact that the Plaintiff served in good faith for 20 years and contributed to education and medical treatment.