beta
(영문) 대법원 2015.12.10 2015두44592

징계처분취소

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

1. Whether a disciplinary measure should be taken against a person subject to disciplinary action who is a public official is placed at the discretion of the person having authority over disciplinary action.

However, if the disciplinary action taken by the person having authority over disciplinary action as an exercise of discretionary authority is deemed to abuse the discretion held by the person having authority over disciplinary action as an exercise of discretionary authority, it can be deemed unlawful. If a disciplinary action against a public official has considerably lost validity by social norms, it should be determined that the contents and nature of the disciplinary action, the administrative purpose for which the disciplinary action is intended to be achieved by the disciplinary action, and the criteria for the determination of disciplinary action, are clearly and objectively unreasonable.

(see, e.g., Supreme Court Decisions 98Du6951, Nov. 26, 199; 2012Du13245, Oct. 11, 2012). Meanwhile, any misconduct for which the statute of limitations has expired may be considered as consideration materials for disciplinary action, from which disciplinary action has already been taken.

(2) On November 26, 199, the court below acknowledged the following facts: (a) comprehensively based on the adopted evidence, the Plaintiff, working as a public official, received a 1 million won card from a business entity related to his duties, received a golf connection; (b) selected as an examiner of a qualified business entity for the selection of an expressway construction supervision service provider; (c) intentionally granted the highest points upon the request of a specific business entity; and (d) purchased real estate in cooperation with the business-related persons using the information acquired in the course of his duties and completed the title trust registration under the name of the wife while purchasing the real estate under the name of the wife; and (b) completed the title trust registration in the name of the wife; and (c) completed the c) omitted from the report on the property of the public official.

Furthermore, the lower court is an act that habitually received golf connection.