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

A. On October 1, 1991, the Plaintiff was appointed as the Prosecutor for Prosecution on April 1, 1995, and served as the Prosecutor for Prosecution on December 4, 200, and the Assistant Inspector for Prosecution on June 9, 200, respectively.

B. On February 10, 2015, around April 14, 2009 and February 2, 2011, the Plaintiff was indicted as a charge of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Violation of the Aggravated Punishment Act”) that received KRW 15 million in cash on two occasions with respect to the arrangement of matters belonging to public officials’ duties, and (2) the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Violation of the Aggravated Punishment Act”) that disclosed criminal justice information acquired in the course of performing criminal justice duties five times from June 3, 2010 to May 2, 2011.

Accordingly, on March 26, 2015, the Prosecutor General removed the Plaintiff from office on the ground that the Plaintiff constitutes “criminally prosecuted person” under Article 73-3(1)4 of the State Public Officials Act.

(hereinafter “instant removal from position”). C.

The first instance court of the case prosecuted on October 16, 2015 found the Defendant not guilty of the part on violation of the Specific Crimes Aggravated Punishment Act, but sentenced the Plaintiff to a fine of two million won (Seoul Central District Court 2015Gohap10) on the part on violation of the Criminal Procedure Aggravated Punishment Act (Seoul Central District Court 2015Gohap10). The Plaintiff appealed on the part on violation of the Criminal Procedure Aggravated Punishment Act, but the prosecutor appealed on the part on the violation of the Criminal Procedure Aggravated Punishment Act (Seoul High Court 2015No2972), but all of the appeals were dismissed on February 19, 2016 (Seoul High Court 2015No2972). The Plaintiff filed each appeal on the part on the violation of the Criminal Procedure Aggravated Punishment Act on December 15, 2016, and the said judgment became final and conclusive as it is because all of the appeals were dismissed.

(Supreme Court Decisions 2016Do3756, hereinafter collectively referred to as “instant conviction”). D.

On the other hand, the Prosecutor General.