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(영문) 서울행정법원 2017.05.26 2016구합84214
해임처분 취소
Text

1. The Defendant’s dismissal disposition against the Plaintiff on May 31, 2016 is revoked.

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

Reasons

1. Details of the disposition;

A. On June 10, 2013, the Plaintiff is a public official who was appointed to the Korea Centers for Disease Control and Prevention by the Ministry of Health and Welfare as a technician of class 9 driver's watch, and was converted to a driver's watch on December 12, 2013 due to the reorganization of occupation.

B. On March 29, 2016, around 23:52, the Plaintiff was sentenced to a summary order of a fine for a violation of the Road Traffic Act (driving) on May 17, 2016, on the 10th section of approximately 10 meters, when driving a vehicle while under the influence of alcohol level of about 0.150%, from the front of a cafeteria located in D to the front of the E preceding road in D, and was sentenced to the summary order on May 17, 2016.

(hereinafter referred to as "facts of dispute suspicion"). (c)

The defendant requested the General Disciplinary Committee of the Ministry of Health and Welfare to make a heavy disciplinary decision on the plaintiff on the ground of the fact of the issue suspicion.

On May 30, 2016, the General Disciplinary Committee of the Ministry of Health and Welfare decided to dismiss the Plaintiff on the ground that “In light of the fact of suspicion of dispute falls under the grounds for disciplinary action under Article 78(1) of the State Public Officials Act in violation of Article 63(Duty to Maintain Dignity) of the State Public Officials Act, and comprehensively taking into account the circumstances prescribed in Article 17 of the Decree of the Public Officials Disciplinary Decree, the Plaintiff is in depth, and during that period, the Plaintiff is faithfully engaged in quarantine duties at the B Quarantine Station, it is an illegal act that may cause serious damage to the life and property of others, and it is an act that seriously damages the public official’s dignity, and it is difficult for the driver to whom the disposition of driver’s license was revoked as a drunk driving, and it is desirable for the public official to severely reprimand the same case to prevent further similar cases in the future to establish public service discipline.”

Accordingly, the defendant dismissed the plaintiff on May 31, 2016.

(hereinafter “instant disposition”) D.

On October 5, 2016, the plaintiff filed an appeal review with the Ministry of Personnel Management, but was dismissed on October 5, 2016.

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