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(영문) 창원지방법원 2018.01.23 2017구합52243
견책처분취소
Text

1. The Defendant’s reprimand disposition against the Plaintiff on May 19, 2017 shall be revoked.

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

Reasons

1. Details of the disposition;

A. The Plaintiff served in Jinju City B from February 11, 2015 to August 28, 2016, and served in Jinju City C from August 29, 2016.

B. On May 19, 2017, the Defendant imposed a disciplinary measure against the Plaintiff on the ground that the Plaintiff violated the provisions of Articles 48 (Duty of Good Faith) and 55 (Duty of Good Faith) of the Local Public Officials Act as follows:

(hereinafter “Disposition”). On October 13, 2015, the Plaintiff was issued a construction machinery operator’s license by submitting the certificate of completion of education issued on November 6, 2015, as if the Plaintiff did not complete the theory necessary for obtaining a license and the training course for operation practice, without having completed the training course. On November 6, 2015, the Plaintiff was issued a construction machinery operator’s license by visiting the registration office of the Jinju vehicle by unlawful means.

C. On May 19, 2017, the Plaintiff appealed and filed a request for an examination with the local appeals review committee, which was dismissed on July 21, 2017.

On the other hand, on August 10, 2017, the Plaintiff was sentenced to a fine of KRW 1 million for the violation of the Construction Machinery Management Act and the obstruction of performance of official duties by fraudulent means in the Jinwon District Court's Jinwon Branch.

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

2. The attachment to the relevant Acts and subordinate statutes shall be as follows;

3. Whether the instant disposition is lawful

A. The plaintiff asserts that the disposition of this case is unlawful on the following grounds. Thus, the plaintiff's assertion that the disposition of this case should be revoked.

1. According to Articles 2(3)3 and 5(3) of the Local Public Officials Discipline Rule, which was enacted by Ordinance of the Ministry of Government Administration and Home Affairs No. 44 on November 19, 2015 and enforced the same day, where it is deemed that a local public official's misconduct caused by an accident unrelated to his/her duties and did not impair his/her public official's dignity in light of social norms, no resolution on disciplinary action is made

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