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(영문) 서울행정법원 2018.01.25 2017구합59833
감봉처분취소
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 was appointed as a policeman on March 1, 1990, and was promoted to the Republic of Korea on September 26, 201. From January 26, 2016 to the same year.

7. up to December 21, 200, a police officer who has served as a chief of the Senior Security Office;

B. On May 9, 2016, at around 10:00, the Plaintiff became aware of the fact that Sclol Polol Piceer D was about 10 sexual intercourses with E, a student of the school in charge, from March 2016, from the head of B police station’s female juvenile department C, at around 10:0.

C. Around that time, C reported D’s misconduct to F, and F, together with the Plaintiff and C, decided that D was dismissed from office on May 9, 2016 by the first countermeasures conference (hereinafter “the first countermeasures conference”) and the second countermeasures conference (hereinafter “the second countermeasures conference”) around 16:40 on the same day.

D An application for dismissal from office on May 10, 2016 was filed and dismissed from office on May 17, 2016.

On May 9, 2016, the Plaintiff, as the chief of the competent department dealing with the dismissal of a member, was present at the meeting of the countermeasures against sexual misconduct in D twice (1:0, 16:40) at the seat of the chief of the police station (the Senior Superintendent F) around May 9, 2016, concealed the case, such as suggesting the F to dismiss a member without inspection and investigation of D on the grounds of social threat, etc.

The Defendant: (a) deemed that the Plaintiff violated the duty of good faith under Article 56 of the State Public Officials Act, the duty to obey Article 57, and the duty to maintain dignity under Article 63 of the State Public Officials Act; and (b) requested the Central Disciplinary Committee of Police Officers to make a resolution on disciplinary action pursuant to Article 78(1)1 through 3 of the State Public Officials Act; and (c) on August 10, 2016, upon a resolution of the said Committee, issued a disciplinary disposition for one month of salary reduction to the Plaintiff on August 17, 2016.

(hereinafter “instant disciplinary action”). E.

On August 17, 2016, the defendant takes one-month disciplinary action against F on the ground that F is dismissed from office without inspecting and investigating DD and that F has made a false report to the upper part.

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