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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. According to the resolution of disciplinary action and review, the Plaintiff became a member of the Defendant’s fourth class staff in 1996, and is the Plaintiff’s C gas station from September 2009 to September 2013 (hereinafter “instant gas station”).
(1) On May 27, 2015, when serving as the first complaint of the Defendant, the Defendant’s personnel committee made a resolution on the dismissal of disciplinary action (hereinafter “instant resolution”) on the grounds of the following misconduct and the violation of relevant regulations.
A) On the same day, D, in charge of the Plaintiff’s duties as the Plaintiff’s successor, was subject to a resolution of disciplinary action such as “one month of suspension from office”, “one month of suspension from office” or “three months of reduction of salary”.
A. The Plaintiff, as a person in charge of the gas station’s business that unfairly deals with duty-free oil as follows, created a stock of books by using a credit card account without real supply of 995,961 liter (1,115,679,000) allocated to both farming households from January 25, 201 to September 30, 2013; made 446,037 liters (509,401,000 won) out of the stock to a tax-free allocated farmer; the Plaintiff supplied 549,924 liter (606,278,000 won) (60,278,000 won) to a general customer, such as a construction business entity, and supplied tax-free petroleum to a farmer without real supply; and the Plaintiff can not receive the difference to a farmer in cash other than that designated by another person in the name of the owner of the tax-free taxi (tax-free petroleum).
B. On January 27, 201, the Plaintiff embezzled the sales proceeds of oil as follows, and embezzled KRW 11,923,000 for personal purposes, which was disposed of by I’s prior sales around January 201, and then wrongfully withdraws the credit card sales proceeds deposited in the Defendant’s corporate account on January 24, 2011, and arranged the amount of such embezzlement from January 27, 201 to November 25, 201.