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