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(영문) 대법원 1969. 10. 14. 선고 69누88 판결
[파면처분취소][집17(3)행,035]
Main Issues

Even if a criminal case is prosecuted for a misconduct, the disciplinary procedure may proceed as it is.

Summary of Judgment

Even if a criminal case is prosecuted for a misconduct, the disciplinary procedure may proceed as it is.

[Reference Provisions]

Article 73(1) of the Local Public Officials Act

Plaintiff-Appellant

Plaintiff

Defendant-Appellee

The Gangwon-do Governor

original decision

Seoul High Court Decision 69Gu52 delivered on June 17, 1969

Text

The appeal is dismissed.

The costs of appeal shall be borne by the plaintiff.

Reasons

The grounds of appeal by the plaintiff are examined.

According to the judgment of the court below, the defendant's removal from office as of September 25, 1968 under Article 69 subparagraph 1 and Article 2 of the Local Public Officials Act was in violation of his duty under Article 48 and Article 55 of the Local Public Officials Act, and the plaintiff's removal from office was in violation of the above duty under Article 69 subparagraph 1 and Article 55 of the Local Public Officials Act, and the defendant's removal from office was in violation of the above duty under Article 69 subparagraph 4 of the same Act, and the defendant's removal from office was in violation of the above duty under Article 65-2 (1) and Article 73 (1) of the Local Public Officials Act's removal from office under Article 9 of the same Act's Article 7 of the same Act's removal from office under Article 9 of the same Act's Article 67 of the same Act's removal from office under the same Act's Article 97 of the same Act's removal from office, although it is recognized that the defendant's removal from office was in accordance with the above provision of Article 971 of the Local Public Officials Act.

Justices of the Supreme Court (Presiding Judge) Ma-dong (Presiding Judge) and Ma-dong B-Jed Han-gu

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