감봉처분취소
The defendant's disciplinary action on December 27, 2019 against the plaintiff shall be revoked for one month of salary reduction.
The costs of lawsuit are assessed against the defendant.
1. Details of the disposition;
A. The Plaintiff was appointed as a public official of the Chungcheong B local government on December 10, 2003, and served as the head of the farming administration and the forest team in B from January 1, 2018 to December 31, 2018. From January 1, 2020 to December 31, 2018, the Plaintiff served as the vice head of the Myeon and the head of the general affairs team.
B. On December 27, 2019, from around 20:30 on December 10, 2018 to 20:43 of the same day, the Defendant’s personnel committee resolved on the disciplinary action against the Plaintiff in salary reduction of 1 month (hereinafter “instant disciplinary action”) on the grounds that “the Plaintiff was in violation of the duty to maintain dignity under Article 55 of the Local Public Officials Act by harming the image and reputation of B local governments and public officials by requesting a summary order of KRW 2 million due to gambling on June 25, 2019 and reporting it to various media” (hereinafter “instant disciplinary action”).
C. In accordance with the instant disciplinary resolution, the Defendant, on December 27, 2019, ordered the Plaintiff to take a disciplinary measure for January of salary reduction (hereinafter “instant measure”).
D) The Plaintiff appealed and filed a petition review with the Cheongbuk-do Local Appeals Review Committee, but on March 23, 2020, the dismissal ruling was rendered on March 23, 2020. 【No dispute exists in the grounds for recognition, A 1, 2, and 2 evidence (including the case with a provisional number);
hereinafter the same shall apply.
each entry, the purport of the whole pleading
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion was made on December 10, 2018 by the Plaintiff, but was not directly engaged in gambling, and even if gambling was conducted, the instant disposition was an abuse of discretion in light of the following: (a) the instant disposition was an abuse of discretion.
(b) as shown in the attached Form of the relevant statutes;
C. Determination 1 of this Court) The Defendant’s personnel committee may be deemed to have been engaged in gambling beyond temporary entertainment on December 27, 2019 by the Plaintiff. The instant disciplinary decision was made on the ground that it was “the Plaintiff’s temporary entertainment.”