해임처분취소
1. The Defendant’s dismissal disposition against the Plaintiff on March 15, 2016 is revoked.
2. The costs of the lawsuit are assessed against the defendant.
1. Details of the disposition;
A. The Plaintiff is a probationary police officer appointed as a patrol officer on April 24, 2015, who served in the Ansan-gu Police Station B and C from August 18, 2015 to February 11, 2016.
B. On March 11, 2016, the General Disciplinary Committee of the Ansan Police Station decided to dismiss the Plaintiff on the ground that the Plaintiff violated Articles 56, 57, and 59 (Duty of Good Faith) of the State Public Officials Act as follows. On March 15, 2016, the Defendant, the appointing authority of the Plaintiff, removed the Plaintiff from office by applying Article 78(1)1, 2, and 3 of the State Public Officials Act.
1) 원고는 2016. 2. 2. 00:24경 음주운전 112신고 사건 처리 후 복귀하는 순찰차 내에서 멘토인 D 경장이 업무미숙(1시간 동안 주취운전 정황보고서 작성치 못함)을 지적하자 “씨발 쫑알쫑알 대지 마, 개새끼야.”라고 욕설하고, 경찰서 도착 후 “씨발 차에서 내려 한판 붙자.”고 욕설하며, “에휴, 못해, 못해. 힘들어서 못하겠다. 네가 해라.”라고 하며 음주사건 서류를 D 경장에게 던지는 등 상급자에게 대항하여 내부결속을 저해하였다(이하 ‘제1징계사유’라고 한다
(2) On August 30, 2015, the Plaintiff, while carrying out F (18) as a police officer, who was a suspect of drinking assault, by providing support for service at the Embs box around 02:28, 2015, carried out improper speech to F, such as “Ig, this son, and p such flap, which is carried out by the military forces, and is in the spirit of the camping.”
(hereinafter referred to as “the grounds for the second disciplinary action”) and each of the grounds for disciplinary action is combined with “the grounds for the second disciplinary action.”
On March 15, 2016, the Plaintiff filed a request for review of an appeal seeking mitigation of the instant disposition with the Ministry of Personnel Management, and on July 7, 2016, the appeals review committee rendered a decision to change the dismissal disposition against the Plaintiff to “retirement”.
The case is that the defendant's disciplinary action is changed by dismissal.