감봉처분 취소청구의 소
The judgment of the first instance shall be revoked.
The defendant's disposition of salary reduction for the plaintiff as of November 23, 2015 shall be revoked.
1. The grounds for this part of the judgment of the court of first instance regarding the background of the disposition and the Defendant’s main defense are as follows. The grounds for this part are as follows: (3) The grounds for the disciplinary action in the instant case did not separately determine the grounds for disciplinary action on the grounds that the appeals review committee did not recognize the grounds for disciplinary action. However, if the appeals review committee dismissed the appeal, the grounds for disciplinary action are included in the grounds for disciplinary action (3) so far as the Minister of Personnel Management dismissed the appeal, it is also included in the grounds for disciplinary action in the instant case. Thus, this court also determines the grounds
Except for deletion of B, the relevant part of the reasoning of the judgment of the court of first instance is identical to the description of the relevant part of the reasoning of the judgment of the court of first instance (from 3 to 17 of the grounds of the judgment of the court of first instance). Thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion and this part of the relevant statutes are the same as the corresponding part of the reasoning of the judgment of the court of first instance, except that the fourth-party 16 to 17 among the reasoning of the judgment of the court of first instance has been dismissed as follows. Thus, the Plaintiff’s assertion and this part of the relevant statutes are cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
“The Plaintiff used annual leave as reported at the time of filing an application for annual leave, and even if the reason and the actual purpose are different, the Plaintiff cannot be deemed to have breached its duty of good faith on this ground, in light of the fact that there is no limitation on the purpose of annual leave use in the relevant laws and regulations.
B. 1) With respect to the existence of the instant disciplinary cause, the relevant legal doctrine (the nature of the right to annual paid leave of a public official and the service regulations of state public officials are the special laws under the Labor Standards Act, which are applied in preference to the Labor Standards Act.