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(영문) 대전지방법원 2017.06.29 2017구합100078

해임처분취소의 소

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 captain on January 18, 2005, and from July 1, 2012, Sejong Special Self-Governing City fire headquarters B has been in charge of responding to fire extinguishment.

B. On June 9, 2016, the Defendant dismissed the Plaintiff on the ground that “the Plaintiff, on March 9, 2016, fell under Article 69(1)3 of the Local Public Officials Act, on the ground that “the Plaintiff, at the D frequency located in Seo-gu Daejeon, sent back to the next seat of the head of the lower fire-fighting staff E (hereinafter “victim”) and “the head will come up.” was an act that arouses sexual humiliation, and that the Defendant dismissed the Plaintiff on the ground that “the Plaintiff, in violation of Article 55 of the Local Public Officials Act, gave the other party a sexual sense and a sense of humping within the vehicle returning to Korea after the end of the ceremony, caused the other party to have a sense of humping and humping, thereby impairing the dignity of the public official.”

(hereinafter “instant disposition”). C.

On July 8, 2016, the Plaintiff filed a petition review with a local appeals review committee of Sejong Special Self-Governing City, but the said review committee dismissed the Plaintiff’s petition on September 1, 2016.

On November 8, 2016, the Plaintiff was prosecuted by indecent act by force on November 8, 2016, and was convicted of committing an indecent act by force on the victim’s left hand on the part of the victim’s left hand on his own hand, and on the part of the victim’s left hand on his own hand on the part of the victim’s left hand, with the Plaintiff’s left hand on March 9, 2016, and on March 23:0, the Plaintiff was on board the back of the fire fighting boat F, which was moving from Daejeon-gu to Sejong-si, and on his house to Sejong-si-si, and the Defendant was on board the back of the fire fighting boat, and the part of the victim’s chest’s chest was forced to commit an indecent act by force on the part of the victim’s left part and on the upper part of the chest up to Sejong-si (hereinafter referred to as “the instant criminal act by force on the part of the victim’s upper part”).