징계처분취소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning of the judgment of the court of first instance cited in this case is as stated in the reasoning of the judgment of the court of first instance, except for the dismissal or modification of part of the grounds of the judgment of the court of first instance as set forth in the following paragraph (2). Thus, this is cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and Article
2. On the second part of the judgment of the court of first instance, a “person” in the second part of the judgment of the court of second instance shall be added to the “person” next.
From the bottom of the 5th to the entry of the 2nd evidence, Gap evidence shall be added.
Part 8: A. 13 shall be added to the statement of evidence in Part 9.
In Chapter 8, "2) existence of grounds for disciplinary action" in Part 18 shall be construed as "existence of grounds for disciplinary action for breach of duty of integrity".
Parts 11, Chapters 15 through 12, shall be changed from the bottom to 4 as follows:
“(8) Even if the instant invention is not an employee invention, the Defendant asserts that the Plaintiff’s receipt of part of the patent fee constitutes an infringement of the duty of integrity since it acquired unjust money in violation of the duty to avoid an interest under Article 5(1)1 of the Code of Conduct for Public Officials of the Ministry of National Defense. However, the Defendant asserts that the Plaintiff, the patentee, received the patent fee to be reverted to himself/herself, thereby falling under the violation of the duty of integrity. However, it cannot be deemed that the Plaintiff’s receipt of the patent fee to be reverted to himself/herself constitutes “an act of giving or receiving directly or indirectly a case donation or entertainment in connection with his/her duties” under Article 61 of the State Public Officials Act, or a donation or donation from his/her superior to his/her superior, regardless of whether it is related to his/her duties, or that the donation or donation from his/her public official
The duty to avoid the interests under Article 5 (1) is for the fair performance of duties of public officials, and in this case, public officials in charge of decision-making or execution of projects concerning the facility environment of shooting ranges.