직위해제처분 등 취소의 소
1. The part of the judgment of the court of first instance regarding the defendant's failure shall be revoked, and the plaintiff's claim corresponding thereto shall be dismissed
2...
In the first instance trial, the Plaintiff sought the cancellation of the disposition of removal from office on April 28, 2014 and the disposition of imposition of disciplinary charges on July 15, 2014. The first instance court accepted the claim of cancellation of the disposition of suspension from office and the disposition of imposition of disciplinary charges and dismissed the claim of cancellation of removal from office.
Since only the defendant appealed against this, this Court's decision is limited to the claim for cancellation of the disposition of suspension from office and the disposition of imposition of disciplinary charges on July 15, 2014.
Details of the disposition
The plaintiff was appointed as a local public official of Seoul Metropolitan Government on January 18, 1993 and served as B Team C from September 7, 2012 to the construction division of Gangnam-gu Seoul Metropolitan Government Office.
On April 28, 2014, the head of Gangnam-gu Seoul Metropolitan Government requested a mid-term disciplinary decision to the Seoul Metropolitan Government Personnel Committee for Second Personnel (hereinafter referred to as "the instant misconduct") on the following grounds, and on the same day, he/she released the Plaintiff from his/her position pursuant to Article 65-3 (1) 2 of the Local Public Officials Act.
On May 27, 2014, the Plaintiff filed a petition review seeking revocation of the removal from position with the Seoul Special Metropolitan City Local Appeals Commission, but the said committee dismissed the Plaintiff’s petition review on July 9, 2014.
The Plaintiff is appointed as a public official of Seoul on January 18, 1993, and is in overall control over the building and B team of Gangnam-gu from September 27, 201 to June 10, 2013 as well as the authorization and permission affairs of Gangnam-gu, and a public official is prohibited from receiving money or goods, regardless of whether it is directly or indirectly related to the official duties of the citizen, and from doing any act that damages dignity. However, around 17:00 on April 18, 2013, the Plaintiff is engaged in duties by receiving money or goods, regardless of whether it is, directly or indirectly, in connection with the official duties of the citizen.