강등처분취소
1. Revocation of a judgment of the first instance;
2. The Defendant’s disposition of demotion against the Plaintiff on May 16, 2016 is revoked.
3...
1. The court's explanation concerning this part of the grounds for the decision of the court of first instance is the same as the corresponding part of the reasons for the decision of the court of first instance. Thus, this part is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion was rendered a judgment of not guilty regarding the grounds for the instant disciplinary action, and thus, it is unlawful to render the instant disposition on the grounds of the instant grounds for the disciplinary action.
(b) as shown in the attached Form of the relevant statutes;
C. 1) Even though it is not subject to detention in the fact-finding in an administrative litigation, a criminal judgment already finalized in relation to the same factual basis is significant evidence in an administrative trial, and barring any special circumstance where it is deemed difficult to adopt a factual judgment in a criminal trial in light of other evidence submitted in an administrative trial, rejection of the above criminal judgment and the facts opposed thereto cannot be acknowledged (see, e.g., Supreme Court Decisions 97Da24276, Sept. 30, 197; 98Du10424, Nov. 26, 1999). In addition, if the judgment of innocence was rendered after the disciplinary action was taken and the above judgment became final and conclusive by the Supreme Court, the disciplinary action should be deemed unlawful (see, e.g., Supreme Court Decision 93Nu14752, Jan. 11, 1994). 2) The prosecutor’s opinion that the Plaintiff did not actively appear in compliance with the grounds for appeal No. 1651, Feb. 16, 20167).