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(영문) 서울고등법원 2015.08.19 2014누72844

감봉처분취소

Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On September 2, 1981, the Plaintiff joined the IBK Enterprise Bank (hereinafter “Corporate Bank”) and was working as the head of the individual customer bank team at the Enterprise Bank B branch around December 26, 2012.

B. On December 26, 2012, the Plaintiff received from the president of the Labor Relations Commission of C Hospital (hereinafter “instant hospital”) a telephone as to whether there remains the balance of the deposit necessary for the payment of employee benefits to the hospital account in the name of president D of the instant hospital.

Therefore, the plaintiff, without the written request or consent of D, made an electronic inquiry into the above account and notified the chairperson of the Trade Union and Labor Relations Adjustment Committee of the fact that the amount of deposits above the amount of seizure remains.

C. On September 30, 2013, the Defendant notified an enterprise bank of the result of sector inspection, and demanded that the Plaintiff take measures for the reduction of salary for three months against the Plaintiff on the ground that the Plaintiff violated Article 4(1) of the Act on Real Name Financial Transactions and Confidentiality.

(hereinafter “instant disposition”). Meanwhile, while notifying the instant disposition, the Defendant announced that “In the event of an objection to the request for disposition, an objection may be filed within one month from the date of receipt of the notice of the request for disposition, and the Defendant may file an administrative appeal or administrative litigation within 90 days.”

On October 2, 2013, a corporate bank received a notice of the result of the instant sector inspection, and notified the Plaintiff of the requirement to take measures on October 8, 2013.

On October 29, 2013, the Plaintiff filed an objection with the Financial Supervisory Commission through the Financial Services Commission.

On November 6, 2013, the Governor of the Financial Supervisory Service received the above objection, and announced the Plaintiff to handle the objection within 60 days from the date of receipt on November 18, 2013.

On December 26, 2013, the Governor of the Financial Supervisory Service notified the Plaintiff that the processing period will be extended by January 27, 2014 for the additional factual verification and legal review. On January 28, 2014, the Governor notified the Plaintiff that the processing period will be extended by February 26, 2014. On February 27, 2014, the Governor notified the Plaintiff that the processing period will be extended by February 26, 2014.