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(영문) 서울행정법원 2015.01.15 2014구합59177

견책처분 및 징계부과금 취소

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

Details of the disposition

The Plaintiff is an assistant principal of B high school from September 1, 201 to February 28, 2014, who was appointed as a teacher on March 1, 1984 and served as an assistant principal of B high school.

The plaintiff is currently serving as an assistant principal of CY middle school.

At the time of July 10, 2012, the Plaintiff received cash of KRW 700,00 (hereinafter “instant cash”). On September 18, 2012, the Plaintiff received delivery from the her mother association of the Student Association of the Student Association of the KRW 130,000 from the her mother association of the Student Association of the KRW 130,00 (hereinafter “instant excess gift set”).

[Grounds for disciplinary action] The Plaintiff received KRW 700,00 in cash from D on July 10, 2012. On September 18, 2012, the Plaintiff received the daily gift tax (1.30,000 won) from his parents under the name of the mother of the Student Association’s mother on September 18, 2012. As such, the Plaintiff’s act violates Article 61 of the State Public Officials Act, and constitutes a violation of Article 78(1) (Grounds for Disciplinary Action) and Article 78-2 (Disciplinary Action) of the State Public Officials Act.

On December 13, 2013, the Defendant imposed a reduction of salary for one month and a surcharge of 2.1 million won on the Plaintiff on the following grounds:

On January 7, 2014, the teachers’ appeals review committee made a decision to change the above disposition to KRW 700,000,000,000.

(2) The instant cash and daily gift set received by the Plaintiff as to whether the instant disposition was lawful or not by the Plaintiff’s grounds for disciplinary action on December 13, 2013 (hereinafter “instant disposition”), which was mitigated, is not received in relation to the Plaintiff’s duties.

After receiving the said cash, the Plaintiff acted in accordance with the method of dealing with prohibited money and valuables stipulated in Article 21 of the Code of Conduct for Public Officials.

The Japan Futures Association is exceptionally allowed by Article 14 of the Code of Conduct for Public Officials.