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(영문) 서울행정법원 2020.02.07 2019구합54665
경고처분취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a public official who was appointed as a senior administrative officer on January 25, 1993, and was promoted to the Western Office on August 30, 2013, and thereafter served as the chief of the Ministry of Science and ICT postal services division B from October 15, 2015 to December 31, 2017, and served as the chief of the Ministry of Science and ICT’s postal service division B from January 1, 2018 to December 1, 2018.

B. On March 6, 2018, the Minister of Science and ICT requested the Central Disciplinary Committee to make a minor disciplinary decision against the Plaintiff on the ground that the Plaintiff was in violation of the duty of good faith provided for in Article 56 of the State Public Officials Act (hereinafter “Disciplinary Reason”), while serving as the director of the Korea Post Section B, (1) waste of the budget for postal service research development projects, (2) failure to introduce developed domestically, (3) failure to review the development projects of postal policy research, (4) failure to select the Korea Electronic Telecommunications Research Institute as a major institution without review, and (4) unjustly executed the project cost, and (2) the Central Disciplinary Committee decided on the one-month disciplinary decision against the Plaintiff on June 15, 2018.

Accordingly, on July 16, 2018, the Minister of Science and ICT imposed a disciplinary measure for one month of salary reduction on the plaintiff.

C. On November 9, 2018, the appeals review committee filed a petition review with the Minister of Personnel Management seeking revocation or mitigation of a disciplinary action against the Minister of Science and ICT for one month of the said reduction of salary, and the appeals review committee made a decision to change the disposition of non-written warning against the Plaintiff on November 9, 2018.

(hereinafter referred to as the “instant disposition”) a disposition that has been changed to an unexplic warning by the said judgment isd.

On November 29, 2018, the Defendant sent the following warning notes to the Plaintiff:

(hereinafter referred to as the “instant warning note”). He shall be the director of the Korea Post B division from April 15, 2013 to June 30, 2017.

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