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

A. On October 1, 1991, the Plaintiff was appointed as the Prosecutor of the Prosecutor’s Office, and served as the Prosecutor of the Prosecutor’s Office of April 1, 1995, the Prosecutor of the Prosecutor’s Office of December 4, 200, and the Prosecutor’s Office of June 9, 2008.

B. On February 10, 2015, around April 14, 2009 and February 2, 2011, the Plaintiff was prosecuted on the charge of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Violation of the Aggravated Punishment Act”) that received KRW 15 million in cash on two occasions with respect to the arrangement of matters belonging to public officials’ duties, and ② the violation of the Aggravated Punishment, etc. of Specific Crimes Act (hereinafter “Violation of the Aggravated Punishment Act”) and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Violation of the Aggravated Punishment Act”) that disclosed criminal justice information learned in the course of performing criminal justice duties five times from June 3, 2010 to May 2, 2011.

Accordingly, on March 26, 2015, the Defendant removed the Plaintiff from office on the ground that the Plaintiff constitutes a person prosecuted for a criminal case as above pursuant to Article 73-3(1)4 of the State Public Officials Act.

(hereinafter “instant removal from position”) C.

On October 16, 2015, the Plaintiff was acquitted on the part of the violation of the Specific Crimes Aggravated Punishment Act; the part of the violation of the Criminal Procedure Aggravated Punishment Act was sentenced to a fine of KRW 2 million (Seoul Central District Court Decision 2015Gohap10); the Plaintiff’s appeal and the Prosecutor’s appeal were all dismissed; and the said judgment became final and conclusive on December 15, 2016.

(Seoul High Court Decision 2015No2972, Supreme Court Decision 2016Do3756, hereinafter collectively referred to as "instant criminal judgment") D.

On the other hand, on December 30, 2015, the Defendant issued a disposition to dismiss and impose a surcharge of KRW 40,000,000 on the Plaintiff based on Articles 78 and 78-2 of the State Public Officials Act on the ground that “A person who received money and valuables in violation of the Specific Crimes Aggravated Punishment Act was in violation of Articles 56, 61, and 63 of the State Public Officials Act by receiving money and valuables from the Plaintiff around February 2011.”

In total, the removal of the instant case. On January 25, 2016, the Plaintiff filed a petition review against the removal of the instant case, and the appeals review committee filed a petition against the Plaintiff on February 2, 2017.