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(영문) 인천지방법원 2015.06.04 2014구합3260
징계처분취소등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a person who served with B of the Incheon Metropolitan City Office of Education from September 1, 2010 to June 30, 2013, and served as C officer (administrative Grade V) at the Dongbu District Office of Education from July 1, 2013 to the Dong District Office of Education of Incheon Metropolitan City.

B. On July 1, 2014, the Defendant issued a disciplinary measure against the Plaintiff on the ground that the Plaintiff’s following misconduct violates Article 53 (Duty of Integrity) of the Local Public Officials Act and Article 14-2 of the Code of Conduct for Public Officials of the Office of Education of Incheon Metropolitan City and thereby falling under the grounds for disciplinary action under Article 69 of the Local Public Officials Act. The Defendant imposed a disciplinary measure against the Plaintiff (three times the amount received as money and valuables KRW 4,500,000).

In September 2010, the Plaintiff unfairly provided KRW 4,50,000 for six times from September 2010 to January 2012, 201, including the Plaintiff’s wrongful delivery of KRW 2,500,000 for the name of 500,000 for the purpose of supporting the named rice tea value, overseas travel expenses, and leave expenses at the D Director General of the Office of Education of Incheon Metropolitan City, and the delivery of KRW 2,50,000 for the request of the former D E at the end of January 2012, for six times between September 201 and January 2012.

C. On July 30, 2014, the Plaintiff filed a claim with the Education Review Committee of Incheon Metropolitan City seeking revocation or reduction of the above disposition, dissatisfied with the foregoing demotion and the imposition of surcharges for disciplinary action. Accordingly, on September 29, 2014, the said Appeal Review Committee dismissed the claim against the Plaintiff, and changed the imposition of surcharges of KRW 4,500,000 to the imposition of surcharges for disciplinary action (one time as to the amount of money and valuables received), which is KRW 4,500,000,000.

(D) The disposition of demotion and the disposition of imposing surcharges for disciplinary action as above (hereinafter referred to as "each of the dispositions of this case").

E criminal judgment against E, in relation to the instant misconduct, was paid KRW 50,000 from the Plaintiff for the purpose of providing support for expenses for overseas travel and leave in September 2010, and was paid KRW 500,000 from September 2010 to January 2012.

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