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(영문) 수원지방법원안양지원 2015.04.03 2014가합104235

파면 및 승진임용취소 무효확인 등

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a corporation incorporated by combining the Farmland Improvement Association, Farmland Improvement Association, and Rural Development Corporation in order to contribute to the economic and social development of rural communities by implementing rural development projects, comprehensively managing agricultural infrastructure, and improving agricultural productivity on January 1, 200.

B. On July 22, 1996, the Plaintiff was newly employed and served as Grade V in the Rural Development Corporation, and was promoted to Grade III on February 1, 2001. After the Defendant passed the 3 promotion examination conducted on November 26, 201, the Defendant was promoted to Grade III on December 27, 2012 and served as Grade III on January 13, 201, and thereafter, in the Defendant’s Chungcheong Regional Headquarters B branch office from January 21, 2013.

C. On January 16, 2014, the Commissioner of the Cheongnam-do Police Agency notified the Defendant of the investigation result that the Plaintiff passed the examination and answer in advance at the examination for promotion and provided money in return.

As a result of the investigation, 30 other than 32 employees of the defendant's 62 employees who were revealed to have committed the above misconduct related to the promotion examination was prosecuted, and the facts related to the promotion examination of such employees were reported to the press.

① On February 3, 2014, the Defendant’s president demanded a disciplinary resolution against the Plaintiff on the ground of the violation of Article 4 (Duty of Compliance) of the Rules of Employment to the High School Personnel Committee. ② On February 13, 2014, the High School Personnel Committee issued a duty order, such as statutes, articles of incorporation, and regulations (hereinafter “instant misconduct”). On February 13, 2014, the Plaintiff reported the above contents to the media, thereby seriously impairing the Defendant’s honor and dignity, impairing the public service culture, and disturbing the public service culture. ③ Accordingly, the Defendant removed the Plaintiff on February 14, 2014, and the Defendant removed the Plaintiff from office (hereinafter “instant disposition”).