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(영문) 전주지방법원 2014.07.16 2013구합2000997

해임처분취소

Text

1. Dismissal of the Defendant against the Plaintiff on April 18, 2013 and revocation of the disposition of disciplinary surcharge.

2. The costs of lawsuit shall be.

Reasons

1. Details of the instant disposition

A. On January 21, 2004, the Plaintiff was appointed as a local public educational official belonging to the Office of Education of Jeollabuk-do, and from January 1, 2010, the Plaintiff served as the head of the administrative office at C elementary school located in the former North-gun B.

B. On April 18, 2013, the Defendant issued a disposition of dismissal and disciplinary surcharge of KRW 35,400,000 against the Plaintiff on the ground that the Plaintiff committed the following misconduct (hereinafter “instant disciplinary cause”) and violated Article 48 (Duty of Fidelity) of the former Local Public Officials Act (amended by Act No. 11396, Mar. 21, 2012; hereinafter the same shall apply), following a resolution by the Personnel Committee of the Office of Education of Jeollabuk-do, on April 18, 2013 (hereinafter “instant dismissal disposition”); and “instant disciplinary surcharge disposition”; and “each of the instant dispositions”).

① Around September 7, 2010, the Plaintiff had access to the Agricultural Internet Banking by using a computer from the Seoul Elementary School Administrative Office located in the Seoul Elementary School Office in U.S., U.S., U.S., and transferred KRW 1.8 million from the Agricultural Bank Account (Account Number D) in the name of the victim C elementary school managed by the Plaintiff to the Agricultural Bank Account in the name of the Plaintiff, and thereafter, he embezzled it for business purposes by consuming his card payment, hospital expenses, etc. at the former State, etc. around that time.

(C) Around November 24, 2010, the Plaintiff arbitrarily transferred KRW 10 million from the above NongHyup account under the victim’s name to the Plaintiff’s name, and then embezzled it for business purposes by consuming the purchase and sale of shares in Jeonju’s land for private purposes, such as purchase and sale of shares.

② The Plaintiff’s alteration of private document and alteration of private document shall be removed from the part of “A” in the name of the Plaintiff’s transfer of KRW 10 million from among the above No. 1 of the No. 1 of the said No. 1 of the No. 2013, Nov. 24, 2010, which was managed by the Plaintiff as the modified amount and copied without authority, at the beginning of December 2010, the Plaintiff’s private document for certification of facts.