정직처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
As to the instant case cited in the judgment of the court of first instance, the reasoning of this court is as follows: (a) the Plaintiff’s assertion of additional supplement in the court of first instance is identical to the entry of the reasoning of the judgment of the court of first instance in addition to adding or adding the following judgments as to the assertion of additional supplement in the court of first instance; and (b) thus, it is citing
Article 5 of the former Rules on Disciplinary Action, etc. on Public Educational Officials shall apply mutatis mutandis to the disciplinary action, etc. of public educational officials except as otherwise expressly provided for in these Rules.
However, since the rules on disciplinary action on the former public educational officials' disciplinary action do not separately stipulate the standards for disciplinary action on drinking driving, the Enforcement Rules of the Public Officials Disciplinary Decree shall apply to the drinking operation of public educational officials
In the Enforcement Rule of the Decree on Disciplinary Action against Public Officials, the scope of a disciplinary decision shall be determined from reprimand to salary reduction in the case of “the first alcohol level as a blood driving under 0.1%”.
Therefore, the instant disposition is unfair to exceed the scope of a disciplinary decision.
Judgment
As to the criteria for disciplinary action applicable to the instant disposition, Article 2 of the former Rules on Disciplinary Action, etc. of Public Educational Officials shall be applied in light of the following legal system, contents, etc., and thus, the prior Plaintiff’s assertion cannot be accepted on a different premise.
(1) Article 2 of the former Rules on Disciplinary Action, etc. against Public Educational Officials (hereinafter referred to as the “Rules on Disciplinary Action against Public Educational Officials”) provides for the criteria for disciplinary action against public educational officials, and the same [Standards for Disciplinary Action in the attached Table] did not provide any special provision for drinking driving under the attached Table
However, with the amendment of the Public Educational Officials Disciplinary Rule by Ordinance of the Ministry of Education No. 128 on March 24, 2017, the Act on Disciplinary Criteria for Public Educational Officials was also amended, and the term “influence” was “influence.”