재결처분취소
The plaintiff's claim is dismissed.
All the costs of lawsuit, including the part arising from the supplementary participation, shall be borne by the plaintiff.
1. Details of the decision on retrial;
A. The Plaintiff is a local government that employs 2,200 full-time workers, and the Defendant’s Intervenor (hereinafter “ Intervenor”) was employed by the Plaintiff on July 26, 1990 and worked as a street cleaners, and worked as a cleaning driver from May 1, 2009.
B. On June 2, 2015, at around 01:50, the Intervenor was under the influence of alcohol by 0.142%, and was found to have been aware of the Intervenor’s drinking control while driving the vehicle.
(hereinafter “Drinking-down of this case”).
On June 11, 2015, the Jeju Western Police Station notified the Plaintiff’s audit committee of the public official’s criminal investigation status to the effect that “the Intervenor sent the instant case of drinking driving to the Jeju District Public Prosecutor’s Office as prosecutor’s opinion.”
On June 16, 2015, the prosecutor of the Jeju District Prosecutors' Office requested the Intervenor to issue a summary order of KRW 3 million with respect to the instant drunk driving, and the Intervenor's driver's license was revoked on July 18, 2015.
E. On June 23, 2015, the audit committee notified the Governor of Jeju Special Self-Governing Province of the commencement of an investigation upon notification of the investigation status of the above public official.
F. On September 1, 2015, the audit committee notified the public official of the findings of the crime notification to the effect that it requires a heavy disciplinary action against the pertinent drunk driving to the Jeju Mayor.
G. On September 4, 2015, the Jeju Mayor demanded a mid-term disciplinary decision on the Intervenor to the Plaintiff’s public service and the third personnel committee for fixed-term workers (hereinafter “Plaintiff 3 personnel committee”).
H. On September 15, 2015, the Plaintiff 3’s personnel committee decided to punish the Intervenor as grounds for disciplinary action against the instant drunk driving. On September 16, 2015, the Jeju Mayor notified the Intervenor of this decision.
(hereinafter “instant disciplinary dismissal”)
On October 1, 2015, an intervenor appealed to the instant disciplinary dismissal, and filed an application for reexamination with the Plaintiff 3 Personnel Committee. On October 22, 2015, the said Committee filed an application for disciplinary dismissal with the Plaintiff 3 Personnel Committee.