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(영문) 광주지방법원 2015.04.09 2014구합11250

징계처분등 취소 청구의 소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff was newly appointed as a policeman on August 29, 1992, and was promoted to the Republic of Korea on June 3, 2010. From January 27, 2012 to February 3, 2013, the Plaintiff held office as a captain of the Military Police Station B police box from January 27, 2012.

B. The Defendant’s dismissal of the Plaintiff, subject to the resolution of the Jeonnam-do Provincial Police Agency and the General Disciplinary Committee, does not clearly state whether the Plaintiff’s dismissal of the Plaintiff constitutes grounds for disciplinary action under Article 78 subparag. 1, 2, and 3 of the State Public Officials Act in violation of Articles 56 (Duty of Good Faith), 57 (Duty of Integrity), 61 (Duty of Integrity), 63 (Duty of Integrity) of the State Public Officials Act, Article 7 (Prohibition of Use of Budget) and Articles 14-2 (Prohibition of Offering Money and Valuables) of the Code of Conduct for Police Officers, and thus, constitutes grounds for disciplinary action under Article 78 subparag. 1, 2, and 3 of the State Public Officials Act. However, on January 28, 2014, the Defendant did not clearly state that the Plaintiff was subject to a disposition of disciplinary surcharge once as to dismissal and disciplinary surcharge (1,461,800 won) and a statement on the grounds for imposing disciplinary surcharge.

AB made it.

1. On or before February 6, 2012, when applying for the year-end settlement of accounts for medical expenses, education expenses, long-term housing mortgage loans, and the amount of repayment of interest on loan of the principal and his/her dependents, making a false application for income deduction at a rate less than the actual amount by adding one or two additional statements to 1 or two million won, submitting it to the previous South Local Police Agency accounting division, and filing an application for income deduction in the above manner, such as unfairly refundinging KRW 592,070 from January 30 to February 6, 2012. On or around January 31, 2013, the unlawful application for income deduction was made by stating that “from January 30, 2010 to February 6, 2012.” A false donation equivalent to KRW 2700,000 by requesting the issuance of false receipts to three social welfare organizations within the jurisdiction by using the position of the chief of the