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(영문) 부산지방법원 2019.02.01 2018구합24385

감봉처분취소

Text

1. The Defendant’s disposition of salary reduction for two months that the Plaintiff rendered on April 27, 2018 shall be revoked.

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

Reasons

Details of the disposition

After the Plaintiff was appointed as a civil servant on July 1, 1997 and started his/her service, it was promoted to the Ministry of Land, Infrastructure and Transport on March 26, 2013. From February 28, 2017, the Plaintiff was in charge of C duties while serving in Busan Regional Aviation Authority B under the Ministry of Land, Infrastructure and Transport.

On October 13, 2017, the Plaintiff’s family members were the most wife and three children, and they were residing in Heung-gu D and E. However, since the Plaintiff lived in Busan, which is the location of the Busan Regional Aviation Authority, from every week to Friday, and was going up to Gi-gu office after Friday, the Plaintiff applied for flexible work, and then filed an application for flexible work and made early retirement from work every week by changing the hours of attendance from 09:00 to 16:00 on every week instead of moving from 09:0 to 07:0.

On October 13, 2017, the Plaintiff handled necessary affairs, such as the business report, etc. on October 11, 2017, and then expressed to the B Director F (hereinafter referred to as the “Director in charge”) the intent to use the annual leave in order to leave to 14:00 for two hours prior to the scheduled retirement hours, and the director in charge has stated to the effect that the additional early retirement may be a problem upon the application of the flexible leave. However, the Plaintiff did not clearly state his/her approval or non-approval answer with respect to the application for the annual leave.

On October 13, 2017, the Plaintiff applied for work status by using the electronic resolution system for early retirement and 14:00 - 16:00 on October 13, 2017, using the electronic resolution system, and applied for work status. The head of the division in charge immediately gave approval at around 11:22. However, the head of the division in charge and the business trip who was absent in the office did not make the final approval by the head of the division in charge and the business trip and the head of the division in charge, but the head of the final approval authority, who was absent in the office, did not make the approval by 14:00 on the date of early retirement, and the Plaintiff started boarding and departing the train to return to the Republic of Korea after retirement from 14:00 without confirming the fact of approval by the final approval authority.

Since then, the director in charge and the person in charge of final approval shall return the plaintiff's application for work status on the same day.