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(영문) 수원지방법원 2018.08.16 2018구합62967
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 1989

1. A local public official appointed on June 13, 2009, who served as the head of the Gyeonggi-do Office B and C team from October 2, 2014 to October 2, 2014, after being promoted as a local administrative official.

B. On December 12, 2017, the Defendant received a disposition of suspending indictment on the following criminal facts (hereinafter “instant act”) from the Suwon District Prosecutors’ Office:

(2017형제87039호). 원고가 2017. 7. 3. 20:41경 D(37세, 이하 ‘피해자’라 한다)이 운영하는 E편의점 내에서 일행이 계산하는 중 피해자를 향해 ‘왜 이렇게 단추를 많이 풀어놨어 ’라며 오른손을 뻗어 피해자의 가슴골 부위를 1회 만져 강제로 추행하였다.

C. On February 5, 2018, the Defendant issued a disciplinary measure against the Plaintiff for one month of suspension from office pursuant to Article 69(1)3 of the Local Public Officials Act to the effect that “the Plaintiff violated the duty to maintain dignity by committing the instant act.”

On February 26, 2018, the Plaintiff filed a request for review with the Gyeonggi-do Review Committee, and the Gyeonggi-do Review Committee was mitigated to two months of the reduction of disciplinary action for one month of the above suspension.

(hereinafter referred to as the "disposition of this case" for two months of reduced salary reduction (hereinafter referred to as "applicable ground for recognition"). 【No dispute exists, Gap evidence Nos. 1, 2, and 3 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The plaintiff asserts that the disposition of this case is unlawful for the following reasons.

1. While the non-existence of the grounds for disposition finds the victim's additional unrefilled loss while settling the value of the goods, the plaintiff sent the victim's body or clothes to the lux hand in order to inform the victim of the fact, but did not contact.

It is clearly revealed that there was no physical contact between work bonus F and G, which was accompanied at the time of the instant case.

The plaintiff seems to have led to the confession of the crime at the time of being investigated by the act of this case.

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