정직처분취소
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Details of the disposition;
A. The Plaintiff was appointed as a policeman on October 5, 2010, and served at the Seoul Mine Police Station B box from February 1, 2017 to April 11, 2018, as he/she was promoted to the Senior Policemen on September 25, 2014.
From April 12, 2018 to April 12, 2018, police officers who serve in the Seoul Yongsan Police Station C police box.
B. On November 9, 2016, the Defendant issued a reprimand (hereinafter “the first reprimand”) against the Plaintiff on the ground that the Plaintiff violated the duty to maintain dignity as an inappropriate sexual intercourse, such as being suspected of sexual assault, disturbance, etc., on several occasions from D, for which the Plaintiff had been under the sexual intercourse system, on the ground that he/she violated the duty to report and file a complaint. On August 31, 2017, the Defendant issued a reprimand (hereinafter “the second reprimand”) against the Plaintiff on the ground that the Plaintiff violated the duty to maintain dignity, etc. on the grounds that the Plaintiff violated the duty to report and keep dignity on several occasions due to the sexual intercourse with D on several occasions.
C. On December 21, 2018, the Chief of the Seoul Mine Police Station requested a heavy disciplinary decision against the Plaintiff to the Seoul Mine Police Station General Disciplinary Committee on the ground that the Plaintiff violated the duty of good faith, the duty of obey, and the duty to maintain dignity. On December 27, 2018, the said Disciplinary Committee decided on the “three months of suspension from office” against the Plaintiff, and the Defendant was subject to a three-month suspension from office on November 2019 pursuant to Article 78(1)1 through 3 of the State Public Officials Act.
(The following grounds are referred to as "A.1)" or "A.3 (b.3)" in accordance with the sequence of grounds for action.
In the course of maintaining the relationship with D with the inappropriate person who was subject to two consecutive disciplinary actions on account of the past misconducts similar to the injury to dignity such as reporting 112 crime, the dignity was damaged as the improper personal system involving assault, violence, etc. as follows.
1) On March 5, 2018, D sent on the cell phone of the hearing audit room the word “I would wish to die. Rape.. Rape...” 2) October 23, 2010 of the same year, D continued to find and find the Plaintiff “the former husband of D” on October 23, 2018.