(영문) 서울고등법원 2011.9.7. 선고 2011누8545 판결

The reasoning of the judgment of the first instance is reasonable, and thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

In the appellate trial, the Plaintiff asserts that the removal of this case has been made in violation of the principle of proportionality, the principle of equality, and the principle of discretionary power, and there is no promise of compensation for illegal solicitation from the employees of a participating company, and even compared with the evaluation scores of other evaluation members, it is obvious that the Plaintiff has objectively and fairly evaluated the ability of participating companies to perform their duties, and that the Plaintiff has been subject to three-month disciplinary measures against public officials belonging to the National University and local public officials belonging to local governments who received more amount than the Plaintiff, while participating in the same evaluation member as the Plaintiff.

However, even if all the evidence presented by the plaintiff in this case, including the evidence submitted by the court of first instance, the judgment of the court of first instance cited earlier, as appropriate, cannot be deemed to have been erroneous as alleged in the plaintiff's assertion, since the plaintiff's dismissal of the plaintiff as a disciplinary action against the plaintiff's act of receiving 9 million won in cash in return for the illegal solicitation by the employees of the participating companies in the performance of the evaluation committee's duties concerning the construction of this case as public officials of Grade V belonging to the Ministry of Public Administration

Therefore, the plaintiff's appeal is dismissed for lack of reason.