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(영문) 춘천지방법원 2019.05.14 2019구합50173

해임처분취소

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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 October 31, 2017, the Plaintiff served as a local driving assistant as a local driving assistant in the B institution.

B. On May 15, 2018, at around 23:25, the Plaintiff was exposed to the crackdown on a hiversh motor vehicle with a blood alcohol level of 0.184% under the influence of alcohol from the front of the C in Thai City to the front of the D in Thai City (hereinafter “instant drinking driving”).

C. On July 27, 2018, the Plaintiff’s driver’s license was revoked due to the instant drunk driving, and was convicted of summary charges due to the violation of the Road Traffic Act (driving) in the original state branch of the Chuncheon District Court, and was issued by the said court a summary order of KRW 5 million and the said order became final and conclusive.

On August 21, 2018, the Gangwon-do Personnel Management Committee decided to dismiss the Plaintiff, and accordingly, the Defendant dismissed the Plaintiff on September 21, 2018 on the ground of Article 69(1)3 of the Local Public Officials Act.

(hereinafter “instant disposition”) e.

The Plaintiff dissatisfied with the instant disposition and filed an appeal review with the Gangwon-do Appeals Commission, but the said commission dismissed the Plaintiff’s request on December 10, 2018.

【Facts without dispute over the grounds for recognition, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the representative engineer set up a car on the Korean-style road set up and left it as it is, and therefore, he/she was forced to drive under the influence of alcohol without any choice, and the distance of driving was shorter.

In light of the economic situation of the Plaintiff and the result of the disposition against other public officials at issue, including the circumstances of the instant drinking driving, the instant disposition is unlawful as an excessive disposition that deviates from discretionary power.

(b) as shown in the attached Form of the relevant regulations.

C. When a disciplinary measure is taken against a person subject to disciplinary action, who is a public official, due to grounds for disciplinary action, the person subject to disciplinary action is at the discretion of the person with authority to take disciplinary action.