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(영문) 서울행정법원 2018.10.18 2018구합64214

파면처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff served as a tax official on March 1, 1986 and promoted to an administrative officer (Grade V) on October 27, 2009. From July 30, 2012, the Plaintiff served in the Seoul Regional Tax Office B, and was released from his position on July 14, 2016.

B. Around August 2016, the Defendant requested the Central Disciplinary Committee to take a disciplinary action against the Plaintiff (serious disciplinary action) as follows.

From February 22, 2011 to February 5, 2015, the Plaintiff received money and valuables of KRW 12 million in total from C certified tax accountants at the Seoul Central District Public Prosecutor’s Office on June 30, 2016 (hereinafter “Disciplinary Reason”), as follows: (a) on seven occasions, the Plaintiff was subject to a non-detained public trial disposition at the Seoul Central Public Prosecutor’s Office.

The plaintiff's act violates the provisions of Article 61 (Duty of Integrity) of the State Public Officials Act and Article 15 (Restriction on Receiving Money and Valuables) of the Code of Conduct for Public Officials of the National Tax Service, and requires a resolution on heavy disciplinary action and the imposition of surcharges for disciplinary action.

On February 22, 201, 1201, the amount of temporary receipt of the place of tax offense 2,000,000 "E", etc. in Seocho-gu Seoul Metropolitan Government D, which was transferred to the F account designated by the Plaintiff for the purpose of arranging the public official's duties, such as introducing a tax official in charge with regard to 2,00,000 tax investigations, or requesting the public official to handle it well, etc., on July 27, 2012, which was transferred to the F account designated by the Plaintiff. On May 27, 2012, 200 to request the tax official in charge of tax investigation of Gu Council members to handle the case of G Council members with regard to 3,00,000 if he/she was transferred to the F account designated by the Plaintiff in the name of the public official in charge of tax investigation on December 6, 2012.