Main Issues
The validity of a disposition to dismiss a misconduct that a police officer who investigates a petition case caused a civil petition by participating in a civil dispute, resolving a case favorable to the petitioner, and damaging the police's prestige;
Summary of Judgment
Article 78(1) of the State Public Officials Act is applicable to the act of causing a civil petition and damaging the police's prestige by participating in civil disputes, such as by providing the respondent with convenience by having the respondent receive registration documents, etc., while making only one-time attendance of the respondent during the investigation process, investigating and investigating the respondent, and arresting the respondent without a prior warrant, and thereby abusing his authority. As to the act of causing a civil petition and damaging the police's prestige in favor of the petitioner, the measures taken by the defendant constitute a disposition taken by the defendant on the ground that the plaintiff constitutes Article 78(1) of the State Public Officials Act as to the act of causing a civil petition by resolving the case in favor of the petitioner and damaging the police's prestige, even if considering the fact that the plaintiff was serving as the police officer for a period of 14 years and 6 months after being granted a merit commendation over several occasions,
[Reference Provisions]
Article 78(1)1 of the State Public Officials Act; Article 78(1)2 of the State Public Officials Act; Article 78(1)3 of the State Public Officials Act; Article 1 of the Administrative Litigation Act
Plaintiff-Appellant
[Defendant-Appellee] Plaintiff 1
Defendant-Appellee
Seoul Special Metropolitan City Mayor
Judgment of the lower court
Seoul High Court Decision 83Gu475 delivered on February 9, 1984
Text
The appeal is dismissed.
The costs of appeal shall be borne by the plaintiff.
Reasons
The plaintiff's grounds of appeal are examined.
According to the reasoning of the judgment of the court below, the court below rejected the plaintiff 1's non-party 1's non-party 1's non-party 2's non-party 2's non-party 1's non-indicted 2's non-indicted 1's appearance at the time of investigation and investigation of the defendant's appeal case against the non-party 1's non-party 2's non-party 1's non-party 1's non-party 2's non-indicted 1's non-indicted 2's non-indicted 3's non-indicted 1's non-indicted 1's non-indicted 8's non-indicted 1's non-party 1's non-indicted 1's non-party 1's non-party 1's non-party 2's non-party 1's non-party 1's non-party 3's non-party 1's non-party 2's non-party 1's non-party 3's non-party 1's non-party 2's non-party 1's.
Therefore, the appeal is dismissed, and the costs of the appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Justices Shin Jong-sung (Presiding Justice)