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(영문) 서울행정법원 2020.12.18 2019구합77927

감봉처분취소

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 as a public official on February 8, 1989, and was promoted to a local administrative officer on January 9, 2017, and served as the head of the Gu Public Health Center Health Promotion Division B from January 8, 2018 to July 16, 2018.

1. On April 23, 2018, the Plaintiff issued an unfair business instruction to his/her employees C with the name of a specific business entity in relation to the production of banner, and solicited his/her employees C to trade with the relevant business entity, and issued an unfair business instruction on several occasions, such as inducing employees at the meetings of the Child and Juvenile Health Team to hold a meeting as business promotion expenses.

2. On April 26, 2018, the Plaintiff demanded money, valuables, etc. prohibited to receive (hereinafter “the ground for disciplinary action 2”) (hereinafter “the ground for disciplinary action”), which was held by the Health Promotion Department to promote children’s physical activities, offered continuous transactions to the representative of the “D” supplier, and requested the provision of personal congratulatory supplies, and made two additional demands.

3. Using a position to make a certain employee feel a personal insult, by frequently using improper names and terms, such as “I”, “I”, and “ners,” as well as by ordering a mobile Kakaox to report on his/her workplace, etc.

B. On October 29, 2018, the First Personnel Committee of Seoul Special Metropolitan City decided on the Plaintiff’s disciplinary action for one month of salary reduction on the ground that the Plaintiff violated Article 55 of the Local Public Officials Act, Article 8 of the Improper Solicitation and Graft Act, Article 4 of the Code of Conduct for Public Officials, and Article 4 of the Seoul Special Metropolitan City Ordinance on the Service of Local Public Officials (hereinafter “Improper Solicitation and Graft”), and accordingly, on November 30, 2018, the Defendant made a reduction of salary for the Plaintiff (hereinafter “instant disposition”).

C. The Plaintiff appealed and filed an appeal review, but the Seoul Special Metropolitan City Local Appeals Commission on May 20, 2019.