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(영문) 의정부지방법원 2020.02.06 2018구합14665

감봉처분및징계부가금부과처분취소

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. From December 15, 1992, the Plaintiff worked in B City C agency from March 2, 2007 to March 19, 2017, and served as the head of B City C agency.

The head of the agency in charge of improper use of business operating expenses of the department shall separately compile a budget for business operating expenses of the agency and expenses for promoting policies, and the expenses for business operation of the department shall not be used as the expenses for the activities of the head of the department as common expenses for the operation of the department, and shall be used

Therefore, the head of the C head, the head of the agency, who is not the head of the department, shall not use them more.

Nevertheless, from July 31, 2014 to May 31, 2016, the Plaintiff used KRW 4,889,500, out of D and department operating business expenses, using a corporate card owned at all times by the Plaintiff, the head of C head, who is the head of C head, and used KRW 1,96,000, out of E and department operating business expenses, on six occasions from September 17, 2015 to March 11, 2016.

The plaintiff, as above, should use 6,85,50 won in total as an individual's activity expense for 46 times as well as 6,885,50 won in general for the operation of the department and E division as well as have the accounting officer of each department clarify the purpose of use by clarifying the purpose, date, time, place, execution object, etc. of the operation of the business operation expense after using the business operation expense as an individual's activity expense. However, without any evidence, the budget was used for the purpose of use as an individual (private) activity expense without any document, such as using the corporate card receipt only for the purpose of use or unclear use. However, the entertainment expenses such as the inter-party conference should be executed within the scope of not more than 40,000 won per one person unless there is any special reason, but it was impossible to verify without any evidence, and controlled the use of the business operation expense by the head of the department

The plaintiff who was improper in the use of indirect official business expenses outside the control of the business operation expenses shall be from March 25, 2015 to May 18, 2016.