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(영문) 대구고등법원 2016.07.22 2015누5079

해임처분취소

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Details of the disposition;

A. On April 1, 1991, the Plaintiff was appointed as a teacher to a Daegu prison on July 25, 2005, and served in the Daegu prison B.

B. On March 29, 2013, the Defendant released the Plaintiff’s position as the grounds for disciplinary action, and on April 15, 2013, requested the Daegu Regional Correctional Headquarters Disciplinary Committee to make a mid-term disciplinary decision with respect to the Plaintiff.

On May 8, 2013, the General Disciplinary Committee of the Daegu Regional Correctional Agency recognized the Plaintiff’s act, and decided to dismiss the Plaintiff pursuant to Article 78(1)1 through 3 of the former State Public Officials Act on the ground that the Plaintiff’s act constitutes a good faith duty under Article 56 of the former State Public Officials Act (amended by Act No. 11392, Mar. 21, 2012; hereinafter the same shall apply), the duty of integrity under Article 61, and the duty of integrity under Article 63. Accordingly, the Defendant dismissed the Plaintiff on the same day (hereinafter “instant disposition”).

On March 31, 2001, the Plaintiff acquired insurance money by taking advantage of the fact that: (a) from around that time up to September 6, 2007, 15 insurance companies, including Samsung Fire and Marine Insurance Co., Ltd. engaged in 23 insurance products, including Samsung Fire and Marine Insurance Co., Ltd., and (b) minor diseases that can be treated as a common source can be received only when submitting a diagnosis document and a written hospitalization certificate to the insurance company.

The Plaintiff, for a period of 13 days from November 19, 2007 to December 1, 2007, after being hospitalized for cerebral e-mail at a hospital located in Daegu-gu Seo-gu C, Daegu-gu, the Plaintiff discharged the hospital after being hospitalized for a cerebral c, and thereafter thereafter, was discharged from the hospital, and thereafter there was no need to be hospitalized for a long period of time, but there was no need to be hospitalized. However, it is accompanied by the claim for insurance proceeds to the effect that, from December 1, 2007 to March 20, 2008, the Plaintiff was hospitalized in the F oriental Medical Hospital located in Daegu-gu, Daegu-gu, for a period of 111 days from March 20, 208, and received a written confirmation of hospitalization, and received an appropriate treatment through the hospitalized on or around March 20, 2008.