정직처분취소
The judgment of the court below is reversed, and the case is remanded to Gwangju High Court.
The grounds of appeal are examined.
1. As to the ground of appeal on the fourth misconduct of this case
A. Article 56 of the State Public Officials Act provides that “All public officials shall observe the laws and regulations and perform their duties faithfully.”
The duty of good faith is the most fundamental and important duty of public officials, and its content is that the duty of good faith shall be performed in good faith by completing satise and conscience in order to promote the public interest as much as possible and prevent the disadvantage
(See Supreme Court Decision 88Nu3161 delivered on May 23, 1989, etc.). Meanwhile, Article 63 of the State Public Officials Act provides, “Public officials shall not engage in any conduct detrimental to their dignity, regardless of whether it is a matter of duty.”
Considering the status of public officials who are widely entrusted with public duties by the people and work for the whole people, acts detrimental to the dignity of public officials are likely to undermine their own trust as well as the people's trust in the public service society. Therefore, all public officials shall not engage in any act detrimental to their dignity, regardless of whether they are inside or outside the scope of their duties.
Here, the term “decency” refers to physical body without knife in maintaining the body, status, and credit of the public service and performing the duties as a servant of all citizens who are sovereign citizens, regardless of whether it is inside or outside the scope of the duties, and refers to any person who has no knife as a trustee by taking charge of the duties as a citizen, regardless of whether it is inside or outside the office.
(See Supreme Court Decision 201Du20079 Decided September 12, 2013). In full view of the content and meaning of the provisions of Article 63 of the State Public Officials Act, legislative intent thereof, etc., the duty to maintain dignity under Article 63 of the State Public Officials Act is an act that is likely to undermine the public’s trust in the public service society as well as in the personal matters that public officials are in and out of the duty to maintain dignity, regardless of whether they are in and out of the duty.