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(영문) 부산고등법원 2016.04.15 2015누23786

징계처분등 취소

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1. Of the judgment of the court of first instance, the part against the plaintiff falling under the order of revocation is revoked.

Reasons

1. On August 31, 2012, the Plaintiff sought revocation of the disposition of imposition of KRW 5,000,000, which was imposed by the Defendant against the Plaintiff on January 1 and August 31, 2012, and the court of first instance dismissed all the Plaintiff’s request.

Accordingly, the Plaintiff filed an appeal. Before remanding, the court accepted part of the Plaintiff’s appeal, and revoked the disposition imposing a disciplinary surcharge of KRW 5,000,000 against the Plaintiff on August 31, 2012, and dismissed the remainder of the claim.

Accordingly, both the Plaintiff and the Defendant appealed, and the Supreme Court reversed the part against the Plaintiff prior to remanding, and remanded this part to this court. The Defendant’s appeal was dismissed.

Therefore, the scope to be judged by this Court is limited to the part of the defendant's suspension of duty against the plaintiff on August 31, 2012.

2. Details of the disposition;

A. The Plaintiff was appointed as a patrol officer on July 13, 1991, and was promoted to a slope on November 15, 2005. From February 2, 2005 to July 19, 2012, the Busan Local Police Agency took charge of agency operation expenses, etc. in the Busan Local Police Agency B.

B. On August 31, 2012, upon the resolution of the General Disciplinary Committee on Disciplinary Action against C police officers, the Defendant issued a disposition of suspension from office for one month of suspension from office and imposition of a surcharge of five thousand won for disciplinary action (hereinafter “instant suspension from office”) against the Plaintiff on the ground that the Plaintiff’s act violates Articles 56 and 57 (Duty of Good Faith) of the State Public Officials Act and constitutes grounds for disciplinary action under Article 78(1) of the same Act.

Police officers shall observe all Acts and subordinate statutes, faithfully perform their duties, and obey orders of their superior officers in performing their duties. In particular, according to Article 4 (Principles of Management of National Funds) of the Management of the National Funds Act and Article 3 (Duties of Accounting Personnel) of the Officers General of the Office of the Management of the National Funds Act, accounting officials shall follow plans for national funds