The case holding that a removal disposition against the teachers who received 11,00 won illegally provided from prisoners is not a deviation of discretion.

The disposition of this case that the defendant (the head of the prison) is dismissed shall not be deemed to deviate from the scope of discretion, even though he/she is aware that the money was illegally provided by the defendant.

Article 78 (1) of the State Public Officials Act

[Judgment of the court below]

Head of Suwon Prison;

Seoul High Court Decision 82Gu44 delivered on July 28, 1982

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

The Plaintiff’s attorney’s ground of appeal is examined.

According to the facts duly established by the court below, the plaintiff, who was in prison security division, was a prisoner's prison security division around September 20, 1981, and was in prison with 11,000 won in cash and did not report it to the superior immediately, and reported it to the teacher's scam for the first time to September 29, 1981, after the non-party 1's being known as the scam for the first time. The non-party 1 used letter to the non-party 2 who was newly admitted on September 7, 1981 to write down his letter to the non-party 3 and the non-party 3 received 300,000 won in the house of the non-party 2, and received 100,000 won in duplicate and delivered it to the non-party 1,000 won to the plaintiff, and the non-party 1, who again received 100,000 won in prison and delivered it to the plaintiff.

In light of the above facts, the plaintiff received the money illegally provided from the prisoner. In light of the degree of the misconduct, the court below's decision that the removal of the plaintiff from office cannot be viewed as a deviation from the scope of discretion is just and there is no error of law regarding the interpretation of the scope and limit of discretion, such as the theory of lawsuit.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Lee Sung-soo (Presiding Justice)