1. The plaintiff's claim is dismissed.

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

Details of the disposition

On October 24, 2008, the Plaintiff was appointed as a police officer on November 1, 201, and was promoted to the police officer on November 1, 201. From March 23, 2011 to January 28, 2016, the Plaintiff managed and operated B police station’s premises restaurant, shop, etc. (hereinafter “instant premises restaurant, etc.”) while serving as a person in charge of the police officer and the police officer’s welfare.

On July 21, 2017, the Defendant, following the resolution of the General Disciplinary Committee on Police Officers at B police station, violated Article 56 (Duty of Good Faith) and Article 57 (Duty of Uniform) of the State Public Officials Act as stated in the following table. This constitutes grounds for imposing disciplinary surcharge under Articles 78 (1) and 78-2 (1) of the State Public Officials Act. The Defendant dismissed and imposed two times the disciplinary surcharge (32,374,926).

1. From January 1, 2012 to September 2013, the Plaintiff, in violation of the duty of loyalty and happiness, lost all evidential documents, including stocks, subsidiary books, and beverages, on the daily financial statements prepared at the time of operating a restaurant for a period of two years from January 1, 2012 to September 1, 2013.

(2) On January 1, 2014 through July 7, 2015, the Plaintiff, who violated the duty of good faith and happiness, such as disturbing accounting order and neglecting duties, did not use the public passbook and corporate card of B police station at the time of the purchase of restaurant stocks (rices), subsidiary food, beverages, etc., and deposited the proceeds of restaurant and store with the personal passbook in the name of the Plaintiff himself/herself, and used seven personal credit cards for account transfer to the food purchaser company or seven personal credit cards.

3. Violation of the duty of good faith, such as embezzlement of public funds (total 16,187,463 won embezzlement)

A. The Plaintiff’s embezzlement of operational revenue, such as a restaurant and a store, is a set-off after paying food expenses, such as a restaurant and a store, by personal card and passbook.