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(영문) 서울행정법원 2018.05.04 2018구합53702
근속승진 소급임용 청구 및 호봉 재획정 청구 불승인 처분 취소 청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

After being appointed as a policeman on September 2, 1995, the Plaintiff was promoted to the Superintendent on October 7, 2002 and the Assistant Inspector on May 8, 2008.

On March 10, 2011, the Plaintiff was removed from office as a ground for disciplinary action that “the Plaintiff received money, goods, and entertainment in connection with his/her duties” from the Defendant. On June 19, 2013, the judgment revoking the above removal became final and conclusive, and on September 6, 2013, the Defendant was dismissed from office for the same ground for disciplinary action, but the said removal was changed by demotion, etc. from the appeals review committee on January 14, 2014.

(2) On September 6, 2015, the Plaintiff: (a) was under childcare leave from February 19, 2014 to February 18, 2015; (b) annual leave and general sick leave from February 19, 2015 to May 13, 2015; and (c) was under childcare leave from May 14, 2015 to May 13, 2017; and (d) the Defendant was reinstated on September 6, 2015 from September 6, 2013 to September 6, 2013 (i) held the status of a public official subject to a disposition of demotion under Article 80(1) of the State Public Officials Act during the period of suspension of duties for three months, but was unable to perform his/her duties for three months; and thus, (c) thus, the provision on promotion (hereinafter referred to as “regulation on promotion”).

) The term “period of disciplinary action” in which promotion is restricted pursuant to Article 6(1)1 constitutes “period of continuous service”. Even after the expiration of 18 months from the date of the execution of the instant disciplinary action, the head of a Si/Gun/Gu did not issue a salary promotion order on the ground that “where he/she is on a leave of absence due to entertainment or giving or receiving, etc.” (3 months from the date of the termination of the instant disciplinary action), and the Plaintiff was excluded from promotion for continuous service on October 1, 2015 on

On the other hand, the Plaintiff obtained the approval of medical care from November 13, 200 to February 12, 2001, and applied for the approval of additional injury and injury to the Public Official Pension Service for the extension of the period of medical care on February 25, 2015, but on March 6, 2015, the Plaintiff applied for the approval of additional injury and injury to the Public Official Pension Service for the extension of the period of medical care.

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