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(영문) 전주지방법원 2018.06.07 2016구합2462
파면처분취소
Text

1. The Defendant’s removal disposition against the Plaintiff on June 21, 2016 shall be revoked.

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

Reasons

1. Details of the disposition;

A. The Plaintiff was appointed as a police officer on August 29, 1992, and was promoted to the Inspector on September 1, 2014. From January 7, 2016 to June 14, 2016, the Plaintiff served in the National Police Agency, Jeollabuk Provincial Police Agency B police station (hereinafter “B police station”) and the traffic survey division.

B. On June 21, 2016, the Defendant removed the Plaintiff from office (hereinafter “instant disposition”) based on the following grounds for disciplinary action pursuant to Article 78(1) of the State Public Officials Act (hereinafter “the State Public Officials Act”). Despite the duty of high level of integrity and morality, the Defendant shall not receive or demand any case donation or entertainment, whether directly or indirectly, in connection with his/her duties, and shall not observe the relevant statutes and shall faithfully perform his/her duties to maintain dignity, the Defendant shall not be obliged to perform his/her duties and maintain dignity. However, on June 4, 2016, the Defendant was in the process of the instant case to the Plaintiff with respect to the drinking water, the traffic accident at the front of the two middle schools (C and the

6. 7. 13:00경 교통조사계 민원인 상담실에서 상담하면서, ‘여윳돈 있냐’라고 동승자에게 말을 하자 동승자가 금품(500만원)을 제시, 이를 묵시적으로 수용하였고 ②

6. 8. 19:00 on August 19:0, after having met or consulted at a passenger’s husband’s and wife’s and a traffic survey-related office, we ask about whether or not money has been brought to the corridor of the third floor in the villa at around 20:00.

6. On September 21, 21:54, a passenger was not given money and valuables (five million won) presented by the passenger on three occasions, such as “whether he was prepared for money,” but the above fact that the passenger was requested to give money and valuables impliedly, constitutes grounds for disciplinary action under Articles 56 (Duty of Good Faith), 61 (Duty of Integrity), 63 (Duty of Integrity), and 78 (1) 1, 2, and 3 of the State Public Officials Act.

C. On June 20, 2016, a resolution on a disciplinary action against the Plaintiff was made at a meeting room of the second floor of the B Police Station. Members of the General Disciplinary Committee (hereinafter “instant Disciplinary Committee”) present at the time are as follows:

Civilian D at the time of the above disciplinary resolution is an attorney-at-law.

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