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(영문) 서울행정법원 2018.01.12 2017구합65227

징계 및 징계부과금 처분 취소

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 who is appointed as a local public official from January 1, 201 to July 12, 2015; the B community service center from July 13, 2015 to December 31, 2015; the C community service center from January 1, 2016 to December 31, 2015; and the D community service center from January 1, 2016 to December 31, 2016 to December 31, 201.

B. The Defendant violated Articles 48 (Duty of Fidelity) and 50 (Prohibition of Deserting Office) of the Local Public Officials Act by failing to obtain prior permission, and failing to maintain an emergency contact system with a long time, etc. (hereinafter “the ground for disciplinary action 1, 2, 3, and 4”), and violated Article 55 (Duty of Maintenance of Dignity) of the Local Public Officials Act by impairing the dignity of the public official, impairing the Seocho-gu’s honor, and impairing the Seocho-gu’s honor.

(B) On November 28, 2016, on the ground of Article 69(1) and Article 69-2(1) of the Local Public Officials Act, the Plaintiff imposed a disciplinary measure on November 28, 2016, as well as a disciplinary surcharge of KRW 760,00 (two times the withdrawal equipment illegally received), which was imposed on the Plaintiff (hereinafter “instant disposition”).

As between January 1 to June 2016, the Plaintiff was receiving medical treatment (hereinafter referred to as “grounds for disciplinary action 1”), and applied for a business trip within the jurisdiction from 11:0 a.m. to 30 p.m. during the period from 15 p.m. to 2:30 p.m. during the period from 15 p.m. and without permission until the date of returning to 30 p.m. (24 p.m., 2015, 112 p.m., 74 July 2016, 208, and 142 p.m.) while visiting several nearby one Council member during the period from 30 p.m. to 16:0 a.m. during the period from 29 p.m. to 3:0 p.m., during the period from 11:0 a.m. to 27, 2016, the Plaintiff did not visit the above Council member by using the hours, and applied for medical treatment of 30.