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(영문) 대구지방법원 2019.07.17 2019구합21445

해임처분취소

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. On August 28, 1993, the Plaintiff was appointed as a police officer (police officer) and served at the time of promotion to the police officer on October 1, 2017, and thereafter, from that time until August 2018, the Plaintiff served in the Gyeongbuk Provincial Police Agency, Cheongdo Police Station B police box, and C police box, etc.

On August 28, 2018, at around 01:20, the Plaintiff: (a) driven his car (E) with a blood alcohol concentration of about 4.7km from around 0.218 to the front road of the Daegu Suwon-gu D Building, in front of a restaurant where the trade name in the location of the Masan-si in Busan-si cannot be known; (b) while driving his car (E) with a alcohol concentration of about 0.218%, the Plaintiff concealed the vehicle in the atmosphere of signal.

B. The Defendant dismissed the Plaintiff on September 10, 2018 following the resolution of the Cheongdo Police Station General Disciplinary Committee on the ground that the Plaintiff committed the following misconduct (hereinafter “instant misconduct”) and violated Articles 56, 57, and 63 of the State Public Officials Act.

(hereinafter “instant disposition”). C.

On October 17, 2018, the Plaintiff dissatisfied with the instant disposition and filed a petition review with the Ministry of Personnel Management, which was dismissed on December 21 of the same year.

Meanwhile, on November 1, 2018, the Plaintiff was sentenced to a fine of KRW 8 million for the violation of the Road Traffic Act (driving) with respect to the act of drinking alcohol among the instant misconduct at the Daegu District Court (2018 Highest 4068), and the said sentence became final and conclusive as it is.

【Ground of recognition】 The fact that there has been no dispute, and entry No. 23 through No. 28

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion of this case should be revoked on the following grounds that the disposition of this case constitutes an abuse of discretion or discretion for the following reasons.

1. ① The Plaintiff requested several times to assist his wife, children, friendship, etc. in order not to drive a drinking alcohol at the time of the instant misconduct. However, the contact was not contacted, making it inevitable to drive a drinking alcohol, ② the distance of driving.