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(영문) 창원지방법원 2019.01.16 2018구합52417

강등처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On July 25, 2008, the Plaintiff was appointed as a maritime police officer, and was promoted to a slope on February 15, 2017. From February 16, 2015 to February 12, 2017, the head of the administrative team and the head of the weapons team in the North Sea Safety Headquarters for the Ministry of Public Safety and Security (hereinafter “B”).

B. On December 19, 2017, the Plaintiff was indicted for violation of the Act on the Prohibition of Improper Solicitation and Receipt of Money and Valuables by committing the crime listed in attached Table 1 (hereinafter “instant criminal facts”), and was sentenced to a judgment of Changwon District Court for violation of the Act on the Prohibition of Improper Solicitation and Receipt of Money and Valuables (Seoul District Court Branch Branching 2017Kadan1196). On January 16, 2018, the Changwon District Court found the Plaintiff guilty of the above criminal facts, and sentenced the Plaintiff to a fine of KRW 5 million, and a penalty of KRW 5.5 million from the Plaintiff.

On May 10, 2018, the appellate court rendered a judgment to dismiss the rest of the plaintiff's appeal, 500,000 won by destroying only the portion of the judgment of the court below on May 10, 2018.

The Plaintiff appealed against the above appellate judgment (Supreme Court Decision 2018Do8213), but on July 20, 2018, the final appeal was dismissed, and the said judgment became final and conclusive as it is.

C. On February 9, 2018, the Defendant issued a disciplinary measure against the Plaintiff on the ground that he/she violated Article 56 (Duty of Fidelity), 61 (Duty of Integrity), and 63 (Duty of Integrity) of the State Public Officials Act, as shown in attached Table 2 (hereinafter “instant Disciplinary Measure”), based on the instant criminal facts, on the grounds that he/she violated Article 56 (Duty of Integrity), 61 (Duty of Integrity), and 63 (Duty of Integrity) of the State Public Officials Act, on the basis of Article 78 (1) 1, 2, and 3, and 78-2 of the same Act.

On July 5, 2018, the appeals review committee made a decision to dismiss a request for review of an appeal with respect to a disciplinary surcharge by a defendant's demotion, etc., and the appeals review committee made a decision to dismiss the request for review of an appeal with respect to the disciplinary surcharge.

(2) Domination, etc..