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(영문) 서울고등법원 2018.08.23 2017누61418

해임처분취소

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

The reasoning of the judgment of the court of first instance cited by the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the dismissal or addition of some contents as follows. Thus, it is cited by Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420

The following shall be added to the phrase "....., December 21, 2014," deemed to have violated 7 pages 2.

2. On the other hand, the second 8th 2nd 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 2015, “A request for a disciplinary decision was made to be changed to the Central Disciplinary Committee on the grounds that there was a significant change in the facts of the instant misconduct as the facts charged.”

4. Two pages "B Nos. 1 and 2" shall be changed to "B Nos. 1, 2, and 21 (including the number of pages)".

5 pages 1 to 6 are as follows.

【The instant misconduct by the Plaintiff cannot be deemed to have altered or altered official documents for the following reasons or conducted obstruction of the performance of official duties by fraudulent means. Thus, there is no grounds for disciplinary action. (A) The Plaintiff revised Article 18 of the Amendment to the instant Guidelines in order to achieve the public interest purpose, such as improving the quality of military supplies, not for giving preferential treatment to G Co., Ltd. (hereinafter “G”), and did not instruct the Defendant’s employees, etc. to assign new quantities to G, and thereafter, did not give preferential treatment to G when considering the current status of the distribution of military supplies.

B) Since the report on the result of the Policy Council’s resolution on the 108th session attached to the instant electronic documents and the written resolution on the Policy Council contain any content different from the direction of the system improvement promoted by the Defendant, it constitutes a false official document, and the alteration of the official document, which is not a true official document, is established as an object of the “false official document” instead of a true official document.