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(영문) 서울행정법원 2014.11.13 2014구합1697

부당인사명령구제재심판정취소

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1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.

Reasons

1. Details of the disposition;

A. The relevant parties’ status intervenor is a school foundation that establishes and operates a kindergarten annexed to the original ore university, the original ore digital university, the original ore-university, or the original ore-university of education. On March 1, 1990, the Plaintiff was employed as an employee of the Gwangju University’s University Hospital (hereinafter “instant hospital”) upon joining the Intervenor on March 1, 1990.

나. 원고에 대한 유죄판결 확정 및 당연퇴직처리 1) 원고는 2007. 2. 15.부터 이 사건 병원 B으로 근무하던 중 2010. 11. 4. 변호사법위반죄로 기소되었고, 2011. 2. 22. 전주지방법원 정읍지원에서 아래와 같은 범죄사실로 징역 6월 및 추징금 700만 원을 선고(2010고단480)받고 법정구속되었다. ▣ 범죄사실 피고인(원고를 말한다

) From C, “D was investigated by the Doksan Police Station on the suspicion of illegal circulation of tax-free petroleum, and the case is not detained upon request of the police officer in charge,” “The head of the instant hospital was assigned to the Plaintiff’s hospital on December 2, 201, after receiving a request from the police officer in charge of the investigation, the following: “The head of the instant hospital was assigned to the Plaintiff’s office on the day of the Plaintiff’s annual leave of absence on December 2, 2007, and received an investigation: “I would like to know about the police officer in charge; I would like to see that I would have see it; KRW 5 million; KRW 4,500,000; KRW 20,0000; KRW 30,000,000,000 in the market price.” Accordingly, the Defendant was assigned to the Plaintiff’s office on the day of the Plaintiff’s annual leave of absence on the ground that I would make a request regarding the case handled by the public official.

On April 4, 2011, the head of the instant hospital appointed E to B of the instant hospital as of April 6, 2011.

3 Prosecutors and the Plaintiff appealed each of the above convictions, and the Jeonju District Court recognized the same criminal facts as the above conviction on June 21, 2011, and rendered the judgment of the first instance court.

참조조문