해임처분취소
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff was appointed as a local administrative secretary on November 16, 1992, and was promoted to a local administrative assistant (Grade VII) around 2003, and served in the office of the Chang Chang-gun B from October 5, 2007.
B. The Plaintiff was subject to a fine of KRW 5 million for driving under the influence of alcohol (0.291% of blood alcohol concentration) on August 21, 2003, and a fine of KRW 2 million for driving under the influence of alcohol (0.105% of blood alcohol concentration) on April 14, 2007. As a result, each reprimand was subject to a disciplinary measure on November 19, 2003 and August 27, 2007, but each of the disciplinary measures was specially pardoned on August 15, 2008, and thereafter was subject to a criminal punishment of KRW 3 million for driving under the influence of alcohol (0.189% of blood alcohol concentration) on January 13, 2013, and as a result, the Plaintiff was subject to a disciplinary measure on February 16, 2013.
C. On May 11, 2014, at around 14:05, the Plaintiff was sentenced to a fine of KRW 10 million from the Jeonju District Court on November 7, 2014, to a fine of KRW 7, 200,000,000, from the front of the main line in the trade name of Jeonju-si to the front road of Gwangju Northern-gu, to his blood alcohol concentration of about 0.182%.
(hereinafter referred to as "drinking operation of this case").
On June 27, 2014, the Defendant deemed that the Plaintiff’s driving under the influence of alcohol was in violation of Article 55 of the Local Public Officials Act (Duty to Maintain Dignity), and that it constitutes Article 69(1) of the same Act, and requested a heavy disciplinary resolution against the Plaintiff. The Governor of Jeollabuk-do Personnel Committee fully recognized the grounds for disciplinary action on July 23, 2014; Article 2 of the Local Public Officials Discipline and Appeal Regulations; Article 2(1) [Attached Table 5] of the former Rules on Disciplinary Action against Local Public Officials of the Yellow-si (amended by Rule 1129, Apr. 10, 2014; hereinafter “Rules”).