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

A. The Plaintiff is a local fire-fighting officer who was appointed as a fire-fighting officer on August 5, 1991 and was promoted as a local fire-fighting officer on November 4, 1994, and as a local fire-fighting officer on December 21, 2002, and then promoted as a local fire-fighting officer on March 5, 2012.

On February 24, 2014, at around 23:00, the Plaintiff driven a car owned by itself under the influence of alcohol content of about 1.5 kilometers in approximately 0.0 kilometers from a restaurant located in Jincheon-gu, Seocheon-gu, Daegu to the front road of Taecheon-gu, Seocheon-gu.

B. On April 11, 2014, the chief of Daegu District Fire Station demanded the Plaintiff to make a ordinary disciplinary decision on the grounds as follows (hereinafter “instant disciplinary cause”). On April 29, 2014, the instant disciplinary cause constituted a violation of the duty to maintain dignity under Article 55 of the Local Public Officials Act, deeming that the instant disciplinary cause constituted a violation of the duty to maintain dignity under Article 55 of the Local Public Officials Act, the chief of the Daegu District Fire Station issued a disposition of salary reduction of two months (hereinafter “instant disposition”) against the Plaintiff under Article 69(1) of the same Act.

C. On May 28, 2014, the Plaintiff filed a petition review seeking mitigation of the instant disposition, but the Daegu Metropolitan City Local Appeals Commission dismissed the Plaintiff’s petition on August 14, 2014.

【Reason for Recognition】 Each entry of evidence Nos. 1, 3 through 7 (including each number; hereinafter the same shall apply), and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s ground for disciplinary action constitutes “the case of initial drinking” among the types of drinking alcohol under the former Rules on Disciplinary Measures against Fire Officials (amended by Ordinance of the Ministry of Public Safety and Security No. 1, Jan. 6, 2015; hereinafter the same shall apply) [Attachment 1-2], and considering the Plaintiff’s drinking volume at the time, the Defendant’s disposition of this case is unlawful as it excessively deviates from and abused the right of disciplinary action.

(b) Entry in the attached Form of relevant statutes;

(c) each of the evidence, evidence Nos. 2, and evidence Nos. 8 to 18 prior to the facts of recognition; and