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(영문) 청주지방법원 2014.10.16 2014구합10702

직위해제 처분 취소의 소

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1. The Defendant’s removal from his position against the Plaintiff on January 3, 2013 shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On July 14, 1978, the Plaintiff was appointed as a local public official in Gangwon-do and was transferred to a local public official in the Si/Cheongju on September 1, 1982, and was in office as Cheongju Construction Headquarters B from July 16, 2014.

B. On January 3, 2014, the Defendant reported the Plaintiff on December 3, 2014, (i) the Plaintiff, on the ground that the Plaintiff did not accept a request related to personnel affairs, (ii) but rather C took a bath for the reason that it did not take a request. (iii) At around December 11, 2013, the Plaintiff deemed the Plaintiff’s disposition of disciplinary action based on Article 5(2) of the Local Public Officials Act, based on Article 5 of the Local Public Officials Act, i.e., the Plaintiff’s position as a public official, i., taking advantage of his or her image and causing confusion in organization order, and (iv) the Plaintiff’s disposition of disciplinary action, i.e., taking advantage of his or her position as a public official under Article 5(3) of the Local Public Officials Act, i.e., taking advantage of his or her position as a public official under Article 5(5) of the Local Public Officials Act.

(hereinafter “instant disposition”). (b)

The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Chungcheongbuk-do Administrative Appeals Commission, but the said claim was dismissed on March 4, 2014.

C. On the other hand, on February 10, 2014, the Defendant requested a resolution on disciplinary action against the Plaintiff to the Chungcheongbuk-do Personnel Committee. On March 20, 2014, the Plaintiff, who was dissatisfied therewith, requested an appeal review to the Chungcheongbuk-do Local Appeals Review Committee. On June 19, 2014, the Cheongbuk-do Local Appeals Review Committee made verbal abuse and assault against the Nonparty’s superior employees and police assigned for special guard.