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(영문) 광주지방법원 2018.12.13 2018구합11470

해임처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a public official of class VI of a local facility, who was dismissed from his/her position from office from February 17, 2017 when taking charge of the overall affairs of the cadastral resurvey at the B-Gun integrated civil petition office from August 12, 2013 to February 16, 2017.

B. On July 14, 2017, the Plaintiff was sentenced to a fine of KRW 15,00,000 and a penalty of KRW 3,000,000 for the crime of acquiring third-party brain products as stated below in the following cases in the 2017 Gopo-Ma253 case.

The Prosecutor appealed against this, but the Prosecutor's appeal was dismissed in the case of Gwangju District Court 2017No2865, and the judgment on May 2, 2018 became final and conclusive.

The Plaintiff is a local public official of Grade VI belonging to B in charge of the overall cadastral resurvey work conducted by Category B, and C is a director of the cadastral survey company located in Category D, who actually operates the said company, and the said company was selected as a joint executor of the cadastral resurvey project with respect to F districts on April 2015, and around April 2016, it was selected as a joint executor of the cadastral resurvey project with respect to G districts and the same military H districts.

On April 27, 2015, the Plaintiff received a request from the B/GunJ to deliver KRW 10,000,000 in cash as a solicitation to the J, for the purpose of giving more convenience to ensure that the advance payment of the cost for the services for the cadastral resurvey services to the F districts that C proceeds from the I market at the I market of Supo-si to the F districts that C proceeds from the F districts.

Accordingly, the plaintiff received money from C with knowledge that it is for the purpose of accepting a bribe with respect to the duties of GunJ, who is a public official.

On April 8, 2016, the Plaintiff committed a crime on April 2016, 2016, 18,000 won as cash as a solicitation to J, which changed the convenience of the advance payment, etc. of the cost for the cadastral resurvey project to F areas that C proceeds from the “L-type and F areas” parking lot located in Sinpo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si.