해임 및 징계부가금부과 처분 취소청구의 소
1. The Defendant imposed a surcharge of KRW 67,028,760 on the Plaintiff on April 1, 2015, which was imposed by the Plaintiff, KRW 51,831,960.
1. Details of the disposition;
A. On July 1, 1994, the Plaintiff was appointed as a local office assistant of the Bupyeong-do Busan District Office of Education, and served as a local office operating assistant at B elementary school from September 1, 2010 to December 31, 2014.
B. On April 1, 2015, the Defendant dismissed the Plaintiff pursuant to Articles 69(1) and 69-2 of the Local Public Officials Act (hereinafter “instant dismissal disposition”) on the grounds that the Plaintiff violated Article 48 (Duty of Good Faith) of the Local Public Officials Act (hereinafter “instant dismissal disposition”), and imposed surcharges for disciplinary action (=3,543,140 won x 3 times).
Although a public official related to the accounting of disciplinary grounds performs his/her duties faithfully in accordance with the statutes, other relevant regulations, and budget, he/she has used the funds for his/her personal purpose, such as the repayment of his/her obligations, by embezzlement and misappropriation of KRW 33,514,380 (including KRW 7,543,450, which is the useful amount for eight days to 201 days) for five months after August 11, 2014, when he/she is in office at B elementary school, the Plaintiff transferred the funds for the right to receive the freedom of school tuition, various personnel expenses for instructors, etc. from the school account to the school account without justifiable collection from the school account, and then he/she transferred them to the account, on the same day or after two to three days.
C. On June 5, 2015, the Plaintiff appealed and filed an appeal review with the Appeal Appeal Committee for Teachers of Jeollabuk-do, and the Appeal Committee for Teachers dismissed the claim for revocation of the instant dismissal on June 5, 2015, and the initial disciplinary surcharge (i.e., KRW 67,028,760 (i.e., KRW 33,514,380 x twice) was determined to change the disposition of imposition of disciplinary surcharge (hereinafter “instant disciplinary surcharge”).
Meanwhile, the Plaintiff is a victim by using the total amount of KRW 25,915,980, which was in custody from March 13, 2014 to December 31, 2014, for personal purposes.