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(영문) 울산지방법원 2019.09.19 2018구합7727

감봉처분취소

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 January 5, 2001, the Plaintiff was appointed as a police officer on December 10, 201, and served in B police station C District from February 1, 2015 to July 20, 2017.

B. On July 20, 2017, around 10:03, at the toilets for the integrated detention room (hereinafter “instant detention room”) of B police station (hereinafter “instant detention room”), there was an occurrence of an accident of death after 3 days, where the person who was detained due to murder suspicion (hereinafter “the deceased”) was found to have first used for the purpose of his/her storage, and later sent back to the hospital.

(hereinafter referred to as “instant accident”). C.

From 09:00 to 11:00 on the date of the instant accident, the Defendant, as a fixed monitor worker in the instant detention room, should carefully observe the Deceased through CCTV monitoring, etc., but on the ground that the instant accident occurred as a result of neglecting the management of custody by neglecting the custody, such as opening room and using the Internet, etc., the Defendant requested a heavy disciplinary decision against the Plaintiff on July 27, 2017. On August 7, 2017, the instant disciplinary committee decided that the Plaintiff’s act violated Articles 56 and 57 (Duty of Fidelity) of the State Public Officials Act, and decided on “one month in extraordinary service” against the Plaintiff.

Accordingly, on August 8, 2017, the commissioner of the Ulsan Metropolitan City Police Agency ordered the plaintiff to suspend from office for one month for the plaintiff.

(hereinafter “former Disposition”) D.

The Plaintiff, dissatisfied with the previous disposition of this case, filed a lawsuit against the commissioner of the Ulsan Metropolitan City Police Agency seeking revocation of the previous disposition of this case as the Ulsan District Court 2018Guhap5035.

The above court's previous disposition on June 28, 2018 is the plaintiff's misconduct.