해임처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On March 2, 1982, the Plaintiff was appointed as a machinery source (class 9) of national species resources on February 11, 1993, and served as a machinery source (class 8) on April 17, 201, as a machinery unit (class 7), as a machinery operating assistant on December 12, 201, as a machinery operating assistant on December 12, 201, and as a machinery operating assistant on February 27, 2014, respectively.
B. While working in the National Species C Team, the Plaintiff arbitrarily sold rice seeds of a total amount of KRW 9,385,240, which he/she kept in the Republic of Korea, 14 times from January 15, 201 to March 4, 2014, and embezzled the sales proceeds by being paid to the Plaintiff’s account in the name of the Plaintiff.
C. On June 2, 2015, the Defendant issued a disposition to dismiss the Plaintiff and impose disciplinary surcharge of KRW 17,941,100 on the ground that the Plaintiff violated Article 56 (Duty of Fidelity) of the former State Public Officials Act (Amended by Act No. 13288, May 18, 2015; hereinafter “Act”) following the National Primary Resources Disciplinary Committee, pursuant to Articles 78 and 78-2 of the Act.
(hereinafter referred to as the “instant disposition”) among the above dispositions D.
The plaintiff appealed and filed an appeal review with the Ministry of Personnel Management, but was notified of the decision to dismiss the appeal on October 2, 2015.
E. On March 16, 2015, the Plaintiff deposited KRW 9,385,240 with the Republic of Korea deposited the deposited person as the Republic of Korea, and the Defendant recovered it on November 10, 2015, and notified the Plaintiff of the disposition that the amount of disciplinary surcharge would be reduced to KRW 0,00 on December 29, 2015 following the National Species General Resources Disciplinary Committee.
【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 6 evidence, Eul's 2 through 5, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion has served in good faith for not less than 34 years in the national seed resources. The Plaintiff awarded official commendation to the Minister of Agriculture, Forestry and Fisheries on December 31, 1994, and passed the retirement age on December 31, 2016.