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(영문) 수원지방법원 2017.08.22 2017구합597

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 local fire assistant on November 21, 1992, and promoted to the local fire assistant on June 14, 2012. From June 14, 2012 to December 31, 2012, B fire assistant C119 rescue units from January 1, 2013 to July 25, 2013; B119 Safety Center from July 26, 2013 to November 26, 2014; and the head of the local fire team from July 13, 2016 to the Safety Center was working at the D119 Safety Center from November 27, 2014 to July 12, 2016.

B. On September 22, 2016, the B chief of a fire station requested the B Fire Service Disciplinary Committee to decide on a disciplinary action against the Plaintiff for the following reasons (hereinafter “each of the instant grounds for disciplinary action”), and after going through the resolution of the Fire Service Disciplinary Committee, on September 22, 2016, on September 29, 2016, issued a disciplinary action for one month of salary reduction to the Plaintiff pursuant to Article 69 of the Local Public Officials Act on the grounds of violation of Article 14 of the Rules on the Code of Conduct for Public Officials (Prohibition of Private Use of Public Goods) and Article 55 of the Local Public Officials Act

From May 11, 2013 to July 21, 2016, the Plaintiff carried in earth and sand, which was acquired in the course of performing duties for three years and two months from May 11, 2016, and occupied and installed two at F119 Safety Center and five sprinks at D119 Safety Center in an unlawful manner to gain private interest. The Plaintiff obtained an unfortunate profit for the purpose of private interest by producing a total of 17 sprinks and a total of 17 sprinks for three years. Furthermore, according to the Plaintiff’s statement made by the victim of B police station, the Plaintiff acquired a profit equivalent to 2.6 million won in total (hereinafter “grounds for disciplinary action”), and the Plaintiff installed the 100,000 won in the D19 Safety Center on May 21, 2015, and installed the 1610,000 square meters in 20,000 square meters in 20,000).