해임처분취소
2011Nu18313 Revocation of disposition of revocation of dismissal
A
The Minister of Culture, Sports and Tourism
Seoul Administrative Court Decision 2010Guhap43105 decided April 28, 2011
October 21, 2011
December 9, 2011
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The judgment of the first instance shall be revoked. The defendant's dismissal on November 8, 2010 against the plaintiff shall be revoked.
1. Quotation of judgment of the first instance;
A. The reasons are as follows: (a) the court’s entry of this case is identical to the reasoning of the judgment of the first instance except for the additional determination of the foregoing paragraph; and (b) thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the
B. Additional determination
The Plaintiff asserts to the effect that the Plaintiff did not have any grounds for disciplinary action against the Plaintiff, or that the Plaintiff’s act did not reach the degree of dismissal of the Plaintiff, thereby making a political choice to dismiss the Plaintiff.
Some of the examiners of the first review were forced the Plaintiff to select a specific work, and the content was reported to the media, and the film-related organizations announced the Plaintiff’s letter of demand for resignation as seen earlier. However, it is insufficient to recognize that the Defendant issued the instant disposition for political purposes even though there was no grounds for disciplinary action against the Plaintiff or the Plaintiff’s act did not reach the degree of dismissal of the Plaintiff, and there is no other evidence to acknowledge otherwise. Rather, the instant disposition takes place as a ground for disciplinary action that damages the fairness and objectivity of the examination of the independent film production support project, and the relevant grounds for disciplinary action exist, and the instant disposition cannot be deemed to have exceeded or abused the scope of discretionary power. Accordingly, the Plaintiff’s aforementioned assertion is without merit.
2. Conclusion
Therefore, the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit, and it is so decided as per Disposition.
The presiding judge, the senior judge;
Judge fixedness,
Judges Lee Sung-sung