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(영문) 인천지방법원 2019.04.25 2018구합53980
파면처분취소
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. On July 29, 192, the Plaintiff was appointed as the Incheon Metropolitan City Local Environmental Press Team. From February 24, 2014 to February 6, 2017, the Plaintiff served as a local environmental assistant in Incheon Metropolitan City, and was in charge of the control and supervision over C in the jurisdiction. From February 7, 2017 to Incheon Metropolitan City D.

B. On April 1, 2018, the Defendant was notified by the Incheon District Public Prosecutor’s Office that the Plaintiff committed the following misconduct (hereinafter “instant disciplinary cause”), and was subject to a disposition to dismiss the Plaintiff on the ground that the Plaintiff violated Article 53 (Duty of Integrity) of the Local Public Officials Act (hereinafter “instant disposition”).

While taking charge of the control and supervision over C, the Plaintiff received KRW 1 million from F, the president of the entrusted wastewater treatment company E Co., Ltd. (hereinafter “instant company”) who is a job-related person, in the name of the postman on September 2014, the Plaintiff received KRW 1 million in the name of the postman on September 1, 2014, and received KRW 2 million in the name of the staff meeting in the F, which was parked in the vicinity of the Office of Education of Haman Incheon Metropolitan City.

On June 13, 2015, the Plaintiff received beef equivalent to KRW 345,50,000 and the market value from the instant company when the Plaintiff visited the Chungcheongnamcheon for family travel.

[Grounds for recognition] Class A evidence Nos. 1, 2, Eul evidence Nos. 2 and 10, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion 1) The Plaintiff did not receive KRW 1 million from F on September 2014, 201, under the name of the postman on the ground of the name of the postman on the Homan on the ground of the name of the postman on the ground of postman on the ground of lack of grounds for disciplinary action, and on November 201, 2014, the instant disposition was unlawful since some grounds for disciplinary action do not exist. As such, the Plaintiff’s offering of money and valuables from the instant company was illegal. (2) The Plaintiff’s offering of money and valuables was merely KRW 345,00 and KRW 7,50,000,00,000,000,000,00 won

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