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(영문) 인천지방법원 2019.11.15 2019구합51561

견책처분취소

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. The Plaintiff was first appointed as a local fire fighter on December 28, 1996. On October 13, 2008, the Plaintiff became a person obligated to register his/her property pursuant to Article 3 of the Public Service Ethics Act and Article 3(4) of the Enforcement Decree of the same Act while promoting as a local fire fighter on October 13, 2008. On May 1, 2016, the Plaintiff was promoted as a local fire fighter and served in Namdong Fire Fighting Station B of Incheon Metropolitan City from December 5, 2018 to December

B. On December 31, 2016, the Plaintiff filed a report on a regular asset change (hereinafter “the instant report”) in 2017, with a total of 7 cases (124,902,00 won), including six cases of debt under the spouse’s name (121,452,00 won), and one case of debt under the name of a woman (3,450,000 won) (124,902,000 won), by filing a report on a partial repayment of financial debt under the spouse’s name and debt under the name of a woman, and filing a report on a total of 7 cases (124,902,00 won).

C. On November 23, 2018, the Incheon Metropolitan City Public Service Ethics Committee requested the Mayor of Incheon Metropolitan City to make a disciplinary resolution under Article 8-2 of the Public Service Ethics Act on the ground that the Plaintiff reported the property subject to registration in bad faith due to gross negligence. On November 27, 2018, the Mayor of Incheon Metropolitan City requested the Committee for Disciplinary Punishment of Fire Officials in the Incheon Southern-dong Fire Station to make a disciplinary resolution.

On January 16, 2019, according to the resolution by the Fire Services Disciplinary Committee of the Incheon Southern Fire Station, which was held on January 15, 2019, the Defendant: (a) on January 16, 2019, the Plaintiff received a warning by falsely reporting total of KRW 54,974,00 by gross negligence and by gross negligence; (b) on the ground that the Plaintiff, at the time of the instant report, erroneously reported the total of KRW 124,902,00,000 and breached the duty of registration in good faith under Article 12 of the Public Service Ethics Act (hereinafter “instant disposition”). D.

On January 21, 2019, the Plaintiff filed a request for review with the Incheon Metropolitan City Review Committee, but was dismissed on March 18, 2019.

[Ground of Recognition] Facts without dispute, Gap Nos. 1, 2, 4, and Eul No. 2.