강등처분취소
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 July 13, 1991, the Plaintiff was appointed as a police officer (police officer) and promoted to the police officer on March 1, 2012. From February 18, 2014, the Plaintiff served in the Daegu District Police Agency, Daegu Northern Police Agency, and Daegu Northern Police Station.
On June 13, 2005, the Plaintiff had a three-month disciplinary power of suspension from office due to the misconduct of drinking traffic accidents in the Daegu Middle Police Station B District, but was found to have been granted a license suspension of 0.60% of alcohol level measured at around 02:03, since the Plaintiff was found to have been driving on his own, while driving on the road in the front of the Daegu Daegu Daegu Daegu Urban Community Center at around 01:40,02, when he was found to have been aware of the alcohol level on August 15, 2018.
B. On the ground that the Plaintiff committed the following misconduct (hereinafter “instant misconduct”) and violated Articles 56 (Duty of Good Faith), 57 (Duty of Fidelity), and 63 (Duty of Maintenance of Dignity) of the State Public Officials Act, the Defendant made a disposition of demotion to the Plaintiff on August 29, 2018, following a resolution of the Daegu Northern Police Station General Disciplinary Committee.
(hereinafter “instant disposition”). C.
On September 28, 2018, the Plaintiff dissatisfied with the instant disposition and filed a petition review with the Ministry of Personnel Management, which was dismissed on November 22, 2018.
【Ground of recognition】 The fact that there is no dispute, Gap 1, 2, Eul 1 through 3, the purport of the whole pleadings and arguments
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion of this case should be revoked on the following grounds that the disposition of this case constitutes an abuse of discretion or discretion for the following reasons.
1) On June 13, 2005, before the Plaintiff committed the instant misconduct, a disciplinary action of three months of suspension from office due to the fact of the misconduct of drinking driving on June 13, 2005 (hereinafter “previous disposition”).
There is a past record, but there is a previous record.