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(영문) 수원지방법원 2016.12.21 2016구합65429

해임 및 징계부가금 처분 취소

Text

1. The Defendant’s dismissal disposition against the Plaintiff on March 17, 2016 and the imposition of surcharges for disciplinary action shall be revoked.

2...

Reasons

1. Details of the disposition;

A. The Plaintiff was appointed as a policeman on July 28, 1990 and was promoted as of December 31, 2009, and thereafter served in the investigation department of the Gyeonggi-do Police Agency B police station from July 25, 2012 to August 15, 2015, and in the same police station from August 16, 2015, respectively.

B. On March 17, 2016, the Defendant issued a disposition of dismissal under Article 78 of the State Public Officials Act, Article 16 of the Decree on Disciplinary Action against Police Officers, Article 9(3)1 of the Rules on the Determination of Disciplinary Action against Police Officers (hereinafter “instant dismissal disposition”), and Article 78-2(1)1 of the State Public Officials Act (hereinafter “instant disposition of disciplinary action”) against the Plaintiff following the resolution by the General Disciplinary Committee of the B police Station on March 17, 2016 (hereinafter “instant disposition of disciplinary action surcharge”).

In spite of the police officers’ duty to observe all relevant Acts and subordinate statutes and, in particular, refrain from doing any act that impairs dignity as a public official, they concluded a sexual intercourse several times within the residence of C, Mael or C from May 15, 2014 to July 31, 2015 (the wife, 2/C (Divorce at the time of marriage of Plaintiff 92), 15,584,000 won, including claiming for the amount of meal expenses with C from July 11, 2014 to July 31, 2015, the police officers have private use of 15,584,00 won, such as personal information service charges, and personal information service charges from May 14, 2014 to April 2, 2015, 3000, namely, a total of 6 pieces, 11,310,000 won and 10,0000 won, namely, a male service center directly refusing to receive the same from May 21, 215, 201.

Snick.