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(영문) 의정부지방법원 2020.06.23 2019구합14372
징계부가금 부과처분 취소
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 February 1, 2011, the Plaintiff was appointed as a local rural community consultant, and served in B from February 7, 2017 to September 4, 2018.

B. On May 20, 2019, the Defendant rendered a disposition of dismissal and imposition of surcharges for disciplinary action against the Plaintiff (28,669,350 won) on the following grounds:

(1) The Plaintiff entered into a private contract with D companies (E) and two F companies (G) with one another, while taking charge of the duties of raising C, etc. from February 7, 2017 to September 4, 2018, the Plaintiff took charge of KRW 19,364,70,00, and took charge of only part of the amount of the charges, and consumed KRW 360,000 for personal purposes, such as daily expenses, on 15 occasions, after having received KRW 15,364,70, and then having received KRW 360,00 from February 7, 2017 to February 11, 2018, the Plaintiff acquired KRW 7,53,000,000, and took charge of the duties of raising C’s goods for consumption, and subsequently, acquired KRW 15,360,000,000 to 36,000,0000,000.

(unit: 53,687,060 25,060 25,017,710 28,669,350 13,851,00 4,659,700 10,158,650 19,117,560 (E) 2,709,60 16,407,9607,960 7,221,2002,143,707,2602,26022,302,308,2610,261261,396,3050,6316,305,616,305,300 (E)

C. The Plaintiff filed a petition review with the Gyeonggi-do Review Committee on the instant disposition. On July 15, 2019, the said Committee changed the dismissal disposition to a demotion on the ground that “the Plaintiff was in profoundly against the Plaintiff’s mistake and voluntarily reported it.” However, as to the instant disposition, “the instant disposition cannot be deemed unlawful and unjust.”

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