정직처분 등 취소
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Details of the disposition;
A. From January 8, 2014 to December 31, 2015, Plaintiff A, as a local green belt official, served as the head of the management office of the Jung-gu Seoul Metropolitan Government’s Jung-gu Office of the Management Office (hereinafter “instant management office”). Plaintiff B, as a local administrative assistant, served as the head of the management office of the instant management office from December 2, 2013 to January 17, 2016.
B. On July 1, 2015, the Plaintiffs met the group E and F team leader E and F team leader of the D Project Promotion Group, who was appointed on July 1, 2015 at the office of the Plaintiff, and subsequently, accepted the repeated request of the Plaintiff A for meals made several calls with G, and followed the Plaintiff B’s talked on August 28, 2015.
After that, the Plaintiffs received entertainment equivalent to KRW 739,600 (per person 184,900 won) for food, alcohol, etc. from E and G while engaging in E and G meals (hereinafter “instant meals”) at the J located in Seongbuk-gu Seoul from around 18:30 to 20:40 on August 28, 2015, along with the H competent officer and the I competent officer of the instant management office.
C. On June 8, 2016, pursuant to Articles 69 and 69-2 of the Local Public Officials Act, and Article 2 of the Rules on the Disciplinary Action against Local Public Officials, etc. of Seoul Special Metropolitan City, the Defendant imposed a disposition of imposing one time (184,900 won) of the demotion and the surcharge for disciplinary action against the Plaintiff on the ground that the Plaintiffs violated their duty of integrity under Article 53 of the Local Public Officials Act, on June 10, 2016, and on June 10, 2016, the Defendant imposed a disposition of imposing one month of suspension from office and one time the surcharge for disciplinary action against the Plaintiff B
The Plaintiffs dissatisfied with this, filed a petition review with the Seoul Special Metropolitan City Local Appeals Commission (hereinafter referred to as the “instant commission”). On August 11, 2016, the instant commission changed the disposition of imposition of three months of suspension from office and one time of disciplinary surcharge (184,900 won) (184,90 won) against the Plaintiff A, and the disposition of imposition of three months of reduction of salary and one time of disciplinary surcharge (184,90 won) against the Plaintiff B.
(hereinafter referred to as “each of the instant disciplinary actions”, which has been mitigated, is without dispute.