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(영문) 서울행정법원 2019.05.17 2018구합85587

강등처분취소

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. On March 30, 2007, the Plaintiff is a police officer who served as a police officer on April 1, 2012 and was promoted as a slope on March 31, 2015, respectively.

On September 28, 2017, when the Plaintiff worked at the Seoul Geumcheon Police Station B Team, the Plaintiff demanded money and valuables from the Geumcheon-gu, Geumcheon-gu, Seoul District Police Station E, that “the taxi engineer E in charge of the traffic accident is well handled, promoted, and personnel is also required to be engaged in the case.” The Plaintiff received money and valuables of KRW 20,000,000 from E in relation to the duties of the money and valuables of KRW 4,000,000 from E, 20,000,000,000 won from E, and attempted to destroy evidence by taking advantage of “the refusal of money,” and attempted to destroy evidence by taking advantage of the foregoing misconduct, Article 56 (Duty of Good Faith), Article 61 (Duty of Integrity), Article 63 (Duty of Integrity) of the State Public Officials Act, Article 78 (1) 1, 2, 3, and Article 78-2 of the same Act.

On April 24, 2018, the Seoul Geumcheon Police Station General Disciplinary Committee decided disciplinary action and disciplinary additional charges that impose the Plaintiff on the Plaintiff’s “three months of suspension from office and 600,000 won of the amount of disciplinary action (three times of the amount received)” for the following grounds for disciplinary action.

(However, while recognizing the grounds for disciplinary action as follows, the above disciplinary committee made a decision to the effect that “the fact that the request for the receipt of money and valuables is in dispute due to lack of accurate evidence relations,” and see Section 14 and Section 5(5).

On April 26, 2018, the head of the Seoul Geumcheon Police Station made a request for reexamination under Article 82 of the State Public Officials Act and Article 24 of the Decree on Punishment of Public Officials to the effect that the disciplinary action is too unreasonable in light of the circumstances such as proof of the Plaintiff’s act of receiving money and valuables as objective evidence.

The Seoul Special Metropolitan City Police Officers General Disciplinary Committee shall be subject to grounds for disciplinary action prior to May 15, 2018.