Main Issues

The validity of a disposition to dismiss a misconduct that a police officer who investigates a petition case caused a civil petition by participating in a civil dispute, resolving a case favorable to the petitioner, and damaging the police's prestige;

Summary of Judgment

Article 78(1) of the State Public Officials Act is applicable to the act of causing a civil petition and damaging the police's prestige by participating in civil disputes, such as by providing the respondent with convenience by having the respondent receive registration documents, etc., while making only one-time attendance of the respondent during the investigation process, investigating and investigating the respondent, and arresting the respondent without a prior warrant, and thereby abusing his authority. As to the act of causing a civil petition and damaging the police's prestige in favor of the petitioner, the measures taken by the defendant constitute a disposition taken by the defendant on the ground that the plaintiff constitutes Article 78(1) of the State Public Officials Act as to the act of causing a civil petition by resolving the case in favor of the petitioner and damaging the police's prestige, even if considering the fact that the plaintiff was serving as the police officer for a period of 14 years and 6 months after being granted a merit commendation over several occasions,

[Reference Provisions]

Article 78(1)1 of the State Public Officials Act; Article 78(1)2 of the State Public Officials Act; Article 78(1)3 of the State Public Officials Act; Article 1 of the Administrative Litigation Act

Plaintiff-Appellant

[Defendant-Appellee] Plaintiff 1

Defendant-Appellee

Seoul Special Metropolitan City Mayor

Judgment of the lower court

Seoul High Court Decision 83Gu475 delivered on February 9, 1984

Text

The appeal is dismissed.

Reasons

The plaintiff's grounds of appeal are examined.