1. It is confirmed that the Defendant’s demotion to the Plaintiff on October 4, 2018 is null and void.

2. The costs of the lawsuit are assessed against the defendant.

Details of the disposition

On May 21, 1990, the Plaintiff was appointed as a local administrative secretary of the Busan Metropolitan City B-gu Busan Metropolitan Government, and served as a construction and construction guidance leader from July 9, 2012 to October 5, 2014. From October 6, 2014 to December 31, 2016, the Plaintiff served as an organization statistics leader of the planning and audit office, and was promoted to a local administrative official on January 1, 2017.

On March 20, 2018, the Defendant requested the Busan Metropolitan City Personnel Committee to make a resolution on disciplinary action against the Plaintiff for the following reasons (hereinafter “instant disciplinary action”).

Around November 2013, the Plaintiff, who was the head of the building department at the time of construction, was indicted from the Busan District Public Prosecutor’s Office on February 14, 2018 due to the suspicion of neglecting his/her duties, and violated Articles 48 and 55 (Duty of Good Faith) of the Local Public Officials Act, and required resolution of disciplinary action against the Plaintiff under Article 69 (1) 1 and 3 of the Local Public Officials Act because it constitutes a violation of Article 69 (1) 1 and 3 of the Local Public Officials Act, which constitutes a violation of Article 69 (1) 1 of the Local Public Officials Act, and Article 69 (1) 2 of the Local Public Officials Act, and Article 8 (2) of the Local Public Officials Disciplinary Rules and Article 8 (2) of the Local Public Officials Disciplinary Rules and Article 8 (1) of the Local Public Officials Act. Busan Metropolitan City Personnel Committee decided on September 13, 2018.

(hereinafter “instant disciplinary resolution”). On October 4, 2018, the Defendant dismissed the Plaintiff according to the result of the instant disciplinary resolution.

On November 15, 2018, the Plaintiff appealed and filed a request for review with the Busan Metropolitan City Appeals Commission, and the Busan Metropolitan City Appeals Commission’s review on March 8, 2019 stated that “the Defendant’s dismissal on October 4, 2018 shall be changed by demotion.”