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(영문) 서울행정법원 2019.03.29 2018구합74341
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 is a police officer who was appointed as a patrol officer on July 27, 1996 and served as of December 1, 2013 and was promoted to the police officer on December 1, 2013.

B. On November 22, 2017, the Defendant: (a) while working at the B police station and intelligence criminal investigation team from February 2, 2014 to November 201, 2017, the Plaintiff became aware of the fact that he/she became aware of the fact that he/she was an adviser of health assist food company C, a public relations center operator who sells media supplies, miscellaneous articles, etc.; (b) on November 25, 2016, he/she was aware of the fact that he/she was aware of the fact that he/she was installing a siren “from November 25, 2016,” and C was informed of his/her home address and paid KRW 80,000 to an electrical rental business operator, and on December 2, 2016, an installation engineer was installed at the Plaintiff’s home page by installing an electrical rental at the Plaintiff’s home page, and (c) at least KRW 800,000,000,000 by means of offering money and valuables.

(2) Article 8(2) of the Act constitutes a violation of Article 8(2) (Prohibition of Receiving Money and Valuables) provides disciplinary action against the Plaintiff for the period of two months of reduction of salary and 80,000 additional charges.

(hereinafter referred to as “instant disciplinary action”). C.

On June 14, 2018, the Plaintiff appealed to the personnel review committee, but the said committee made a decision to dismiss the Plaintiff’s appeal.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4, 7, the purport of the whole pleadings

2. The plaintiff's assertion

A. Unlike the grounds for the disciplinary action of this case, C intended to purchase electrical sirens through C with the intent to allow C to purchase electrical sirens at a low price. Unlike the Plaintiff’s intent, C voluntarily received electric sirens installation costs from D regardless of the Plaintiff’s intention and installed electric sirens at the Plaintiff’s house.

The plaintiff is entitled to pay the electricity rental cost to C.

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