1. The Defendant’s dismissal disposition against the Plaintiff on December 24, 2018 shall be revoked.

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

1. Details of the disposition;

A. The Plaintiff was newly appointed as a local public official on September 2, 2009 and served as a local social welfare worker from July 6, 2015 to December 24, 2018.

On October 10, 2018, the Plaintiff, at his home located in Ansan-si C on the ground that her mother was removed from ears attached to the Victim D (W, 60 years old), who was in the main room (21cm in total length) on the ground that her mother was removed from ears, was the injury for which the treatment date cannot be known.

B. The Defendant dismissed the Plaintiff on December 24, 2018, following the resolution of the Committee for the Personnel of Gyeong-do, on the ground that the Plaintiff committed the following misconduct (hereinafter “instant misconduct”) and violated Article 55 (Duty to Maintain Dignity) of the Local Public Officials Act.

(hereinafter “instant disposition”). C.

On December 28, 2018, the Plaintiff appealed against the instant disposition and filed a petition review with the local appeals review committee, but the said request was dismissed on April 5, 2019.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 2, Eul evidence 3 through 6, the purport of the whole pleadings and arguments

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion of this case should be revoked as it constitutes an abuse of discretionary power by violating the principle of proportionality as follows.

1) The Plaintiff suffered minor bodily injury on the part of her mother, who was frightened to her head, while suffering from symptoms, such as depression and her return, due to occupational stress. 2) ① The instant misconduct is caused by the Plaintiff’s mental illness, resulting in contingent injury; ② The instant misconduct is revealed by the report of 119 first aid workers without filing a report or a complaint, regardless of her mother’s duty, as the case occurred within home.