beta
(영문) 서울고등법원 2017.04.13 2016누74912

해임처분취소

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

The reasoning of the judgment of the court of first instance for the acceptance of the judgment is as follows, and the new argument in the plaintiff's trial is identical to the ground of the judgment of the court of first instance except for the addition of the following 2. 3. Thus, this is based on Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

Article 61 (Duty of Integrity) of the State Public Officials Act (Duty of Integrity) shall be added to "Article 63 (Duty of Integrity)" in Part 2 of the judgment of the first instance.

On December 29, 2016, the judgment of the court of first instance (2016Do14519) is deemed as follows: “The judgment of the court of final appeal (2016Do14519) is still pending” in the third part of the judgment of the court of first instance.

Considering the fact that the plaintiff's assertion about a new argument in the trial of the party concerned faithfully worked as a police officer for 25 years, the plaintiff awarded 56 official commendation, the plaintiff confirmed only the progress of the case related to the illegal gambling site upon the request of E to inquire about the progress of the investigation affairs, and there is no active illegal or unjust act, and the plaintiff does not actively engage in any illegal or unjust act, and the plaintiff's KRW 5 million delivered from E is merely a formal money in the name of the money, it is reasonable to be subject to a reprimand disposition in accordance with the rules of [Attachment 2] determined by a police officer's disciplinary action, etc., and it is reasonable to be subject to a reprimand disposition even if he takes a heavy disciplinary action to the maximum extent possible, and the disposition of this case that was dismissed by the plaintiff

Judgment

Considering the above circumstances and the overall purport of the evidence presented earlier, the Plaintiff faithfully worked as a police officer for 25 years, awarded a 56 official commendation, and received a request from E to identify the progress of the investigation affairs, and the case relating to the illegal gambling site.