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(영문) 의정부지방법원 2015.05.19 2014구합7997
정직처분취소
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 was appointed as a public official for the Government viewing on February 20, 1991, and served as B and C in charge of maintenance from July 21, 2006 to October 19, 201, as roads and E from October 20, 2010 to January 9, 2013, and as culture, tourism, sports, and F from January 10 to December 19, 201.

B. On December 2004, the Ministry of Environment ordered C river environment maintenance work, and Ski integrated Construction Co., Ltd. ordered C river environment maintenance work and executed the said C river environment maintenance work.

C. During the period from September 6, 2008 to July 23, 2010, the Plaintiff received a bribe of KRW 2.5 million from G and H, a staff member of Schlage Comprehensive Construction Co., Ltd., and received a bribe of KRW 2.5 million from September 10, 201, the Plaintiff was investigated from around 201, and was suspended from prosecution from the government prosecutor’s office on September 10, 2013.

(1) The amount of G 500,000 G 50,000 won on September 6, 2008, 200 won on January 25, 2009, G 500,000 won on October 30, 2009, KRW 400,000 from G 50,000 won on December 10, 2009, KRW 500,000 on July 23, 2010.

D. Accordingly, on December 20, 2013, the Defendant deemed that the Plaintiff violated Articles 48 (Duty of Fidelity) and 53 (Duty of Integrity) of the Local Public Officials Act on the basis of the fact of the above offense against the Plaintiff, and made a demotion against the Plaintiff (hereinafter “instant disposition”).

E. On January 7, 2014, the Plaintiff filed an appeal review on the instant disposition with the Gyeonggi-do Appeals Commission, and the Gyeonggi-do Appeals Commission was deemed to have received KRW 500,000 from H on July 23, 2010 as the oil leave fee, and the fact that the Plaintiff received KRW 500,000 from G on September 6, 2008; January 25, 2009; October 30 of the same year; and December 10 of the same year that the Plaintiff received KRW 500,000,000 from G on December 3, 2014 was mitigated for two months from office on March 3, 2014 due to lack of evidence to acknowledge such fact.

[Ground of recognition] The written evidence Nos. 1, 2, and 1 (including each number), and the purport of the whole pleadings

2. Attached to the relevant laws and regulations.

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