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(영문) 서울행정법원 2016.01.29 2015구합8954

강등처분취소

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 was appointed on February 21, 1985 and served in the Gangdong-gu Seoul Metropolitan Government Office. From September 7, 2012 to October 19, 2014, the Plaintiff was released from his position on January 16, 2015.

B. On February 5, 2015, the Defendant made a demotion to the Plaintiff pursuant to Article 69(1)3 of the former Local Public Officials Act (amended by Act No. 13634, Dec. 29, 2015; hereinafter the same) on the following grounds.

On July 1, 2014, the Plaintiff, at the C Training Institute singing room, led D’s hand, took the shoulder and lusium into use. On July 1, 2014, the Plaintiff made a statement to E, “I am her hand on her her son and her son, and “I want to create a history. I am her her son and her son her son.”

The plaintiff's act can be regarded as sexual harassment and violates the duty to maintain dignity.

C. On May 8, 2015, the Plaintiff appealed and filed an appeal to the Seoul Special Metropolitan City Local Appeals Review Committee, and the Seoul Special Metropolitan City Local Appeals Review Committee made a decision to revise the said disposition of demotion as a disposition of suspension from office for three months, and notified the Plaintiff of the said decision on May 18, 2015.

(hereinafter referred to as the “instant disposition”), 3 months of the suspension from office that has been mitigated (hereinafter referred to as the “instant disposition”), / [Grounds for recognition] without dispute, entry in Gap evidence 1-1 to 4, and Gap evidence 2-2, and purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) In light of the fact that on July 1, 2014, the Plaintiff was in a state where the body was taken to the extent that the body was unable to take away at the C Training Institute’s singing room with D and E, and that the body of the Plaintiff was distorted, etc., the Plaintiff is likely to have contacted with D and E, while the Plaintiff was in a narrow singing room with a space where drinking alcohol was done.

B. Even if the Plaintiff’s act was caused by the grounds for disciplinary action, ① the Plaintiff could not use his position or have sexual intent due to the Plaintiff’s taking of his position, and ② the Plaintiff’s act is good morals and others.