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(영문) 서울행정법원 2016.12.13 2016구합5068

감봉처분취소

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. From January 15, 2014, the Plaintiff, a local public official of the Seoul Metropolitan Government from around December 13, 1990, has been working for the facilities division B (hereinafter “B”) of the Han River Business Headquarters in the Seoul Metropolitan Government (hereinafter “Seoul Metropolitan Government Han River Business Headquarters”).

On the other hand, the Plaintiff.

At the time of the conduct falling under the grounds for disciplinary action in paragraph B, the division manager C (Grade V) was in office, and the plaintiff (Grade VI) was in office as the team leader next thereto, and the plaintiff (Grade VI) was in office as a general employee D (Grade VI), E (Grade VI), F (Grade VII), and G (Grade VII).

B. On November 25, 2015, based on Article 69(1) of the Local Public Officials Act, the Defendant issued a disciplinary measure against the Plaintiff to be punished by one month of suspension from office on the following grounds.

1) The Plaintiff, from June 9, 2015 to June 19, 2015, at the restaurant “I” located in H from around 18:40 to 19:50, as well as five employees of B, London C&C Co., Ltd. (hereinafter “MobbC”).

(2) On June 9, 2015, the Plaintiff received a show of meals from his/her employees. From around 20:10 to around 21:00 on the same day, the Plaintiff received from his/her employees D, E, and F with B’s staff members D, E, and F. From around 21:30 to 23:50, the Plaintiff provided two hours of singing from his/her neighboring “Lsing.” The Plaintiff recommended the employees of B to “I and I, without any special day,” and provided the employees of the said J with the cause of having received money and entertainment.

3) Article 53(1) of the Local Public Officials Act (a public official may not give or receive directly or indirectly any reward, donation or entertainment in connection with his/her duties)

(ii)Article XII:1 of the Code of Conduct for Public Officials and Article XII:1 of the Seoul Special Metropolitan City Code of Conduct (public officials shall not receive, request or promise any money, goods, etc. from any person, regardless of whether they are related to their duties and on the pretext of donation, support, etc.

C. The plaintiff is the defendant.