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(영문) 대구지방법원 2020.08.20 2020구합22109

파면처분취소

Text

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 was dispatched to the head of the racing fire station and fire fighting team for the “special investigation of fire safety” as public officials of Grade VI belonging to the king and B Team from July 2018 to December 2018, and was on duty in the investigation team of the “special investigation of fire safety”.

On October 4, 2018, at around 10:0, the Plaintiff: (a) performed a “special investigation into fire safety” on a building managed by the victim E (the age of 56) at the time of the racing; (b) the victim “the part extension without permission was extended without permission on this building.” (c) the part extension without permission should be removed; and there is no method to be removed; (d)” and even at the time of the funeral, the Plaintiff showed an attitude that the victim would control

On October 22:24, 2018, the Plaintiff: (a) called “fire-fighting inspection” by leaving a phone to the victim; (b) the Plaintiff was sentenced to imprisonment with prison labor for six months as of October 2, 2019 at the Daegu District Court and the Daegu District Court, which was sentenced to imprisonment with prison labor for a crime of attacking on October 2, 2019, when the victim did not give money to the Defendant; and (c) the victim was frighted as if he would control the building; and (d) 3 million won in cash on the front of the 23:14th of the same day from the fright of the fright-si, Sejong District Court and the 2nd of the same day.

B. On December 1, 2019, the Defendant dismissed the Plaintiff on the ground that the Plaintiff violated Article 55 of the State Public Officials Act due to the following grounds (hereinafter “instant disciplinary cause”), following a resolution by a public official of the Gyeongbuk Provincial Personnel Committee.

(hereinafter “instant disposition”). C.

On February 20, 2020, the above committee dismissed the plaintiff's request. D.

On the other hand, the Plaintiff was indicted on June 28, 2019 due to the instant disciplinary cause, and was sentenced to a suspended sentence of two-year imprisonment for six months on October 2, 2019 on the grounds that the above criminal facts were found guilty.

(Seoul District Court 2019No340). The plaintiff appealed, but June 2020.