[파면처분취소][공1983.11.15.(716),1613]
In the event that the relevant criminal case is still pending in trial, whether the disciplinary action has been taken (affirmative)
If the disciplinary cause is recognized, the disciplinary action can be taken even if the criminal case is pending without conviction.
Article 78 of the State Public Officials Act
Plaintiff
Dagjin-do, Chungcheongnam-do
Seoul High Court Decision 82Gu323 delivered on January 27, 1983
The appeal is dismissed.
The costs of appeal shall be borne by the plaintiff.
The grounds of appeal are examined.
The judgment of the court below recognized the fact that the plaintiff, the director of the building of Chungcheongnam-gun-gun and the director of civil engineering division, through Nonparty 1, who is the director of the site office of the construction company of the construction company established at the outside of Jin-Eup through the counter-party 1, who is the director of the civil engineering division, received a bribe in connection with his duties and received the bribe in 750,000 won in 191.5, 1981, 300, 450,000 won in 2.4.50,000,000 won in 750,000 won in 2.50,000 won in 2.5, and determined that the grounds for the disciplinary action under Article 78 (1) 1 of the State Public Officials Act are the grounds for disciplinary action, even if the relevant criminal case is still pending in court without conviction, and the disciplinary action in this case does not seriously deviate from the scope of discretion in light of the plaintiff's above misconduct.
Therefore, the appeal is dismissed, and the costs of the appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Justices Lee Chang-chul (Presiding Justice)