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(영문) 창원지방법원 2019.05.16 2018구합52752
감봉처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of disposition;

A. From July 14, 2014 to January 5, 2017, the Plaintiff is a local public official who served in the city planning division for urban traffic in Pyeongtaek-do, and who served as the Director General of Kim Sea-si B from July 17, 2017.

B. On March 30, 2018, the Defendant rendered a disposition of salary reduction for one month to the Plaintiff pursuant to Article 69(1) of the Local Public Officials Act and Article 10 of the former Local Public Officials Discipline and Appeal Regulations (amended by Presidential Decree No. 29698, Apr. 16, 2019) on the following grounds.

(2) On November 27, 2017, the Plaintiff: (a) while working in the Gyeongnam-do urban planning division, introduced rental car companies from construction service providers, known to the ordinary city planning division; (b) did not pay rent from April 2015 to November 1, 201 (hereinafter “instant vehicle”); and (c) purchased a leased car on November 27, 2017, and paid a total of KRW 36,000 (the purchase price of KRW 30,000,000, KRW 2,000,000,000, and KRW 4,000,000,000, for five months; and (d) the lease cost of KRW 2,400,000,000 from construction service providers for three months.

C. On April 24, 2018, the Plaintiff filed a request for review of an appeal with the Standing Committee of Gyeongnam-do, but was dismissed on June 28, 2018.

[Ground of recognition] Facts without dispute, Gap 1, 2, Eul 3, 4 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the disposition of this case is legitimate;

A. Plaintiff 1’s assertion 1) The Plaintiff was subject to a coercive investigation during the inspection process, and the Plaintiff was forced to affix his/her signature and seal to a written answer prepared by an investigator of the Ministry of Government Administration and Home Affairs, and the violation of the duty to maintain dignity is completed to the extent of ordinary reprimand, and thus, the applicant’s signature and affix his/her signature and affix his/her explanatory statement to the Inspector’s signature and affix his/her signature and seal to the confirmation document. The phrase “after the personnel committee’s explanation and affix his/her signature and seal to the confirmation document.” As such, the Plaintiff’s confirmation document issued on November 6, 2017.

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