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(영문) 의정부지방법원 2020.04.21 2019구합1086

징계 견책에 대한 감경 청구의 소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a police officer who was first appointed as a patrol officer on May 4, 1989 and served as a criminal police officer and a team leader from June 17, 2016 after promotion to the police officer on June 1, 2016.

B. On November 16, 2018, B team, including the Plaintiff, was under order from the 16:12 situation room, that “at least 20 persons gather from the 2nd floor house in the city of the Government, and do gambling.”

B Team staff D, police officer E, and F were dispatched to the site under the order of branch, and the plaintiff was seeking consultation with the civil petitioner who was found as the office.

The occurrence of an accident occurred in which the police officers, who were dispatched, have confirmed the gambling site and checked the identity of the people concerned, and the women who were attempted to abscond through the second floor toilet window at home, fall into the floor and die.

C. On November 26, 2018, the Defendant requested a minor disciplinary measure on the ground that the Plaintiff called “the instant disciplinary committee” to the Gyeonggi-do North Korean Provincial Police Agency General Disciplinary Committee (hereinafter “instant disciplinary committee”) pursuant to the investigation manual of the B team leader, sent to the site according to the investigation manual of the B team leader, designated the duties of each investigation staff, and directed the site. However, the Defendant did not dispatch the scene, and did not comply with the duty of good faith under Article 56 and Article 57 of the State Public Officials Act.”

On December 4, 2018, the instant disciplinary committee decided reprimand by deeming that the Plaintiff neglected to work in violation of the provisions of the investigation manual.

Accordingly, on December 5, 2018, the Defendant issued a disciplinary measure against the Plaintiff pursuant to Article 78(1)1 and 2 of the State Public Officials Act.

(hereinafter “instant disposition”) e.

On February 1, 2019, the Minister of Personnel Management dismissed the Plaintiff’s request on February 1, 2019.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 6, and the purport of the whole pleadings.