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(영문) 서울행정법원 2016.11.24 2016구합4072
감봉처분취소
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 March 30, 1990, the Plaintiff was appointed as the Inspector and promoted to the Superintendent on April 30, 2013. From January 30, 2015, the Plaintiff served as the Senior Director in the Seoul Local Police Agency B (hereinafter “B”), and from September 2, 2015 to September 4, 2015, the Plaintiff performed the duty of controller of the instant shooting range (hereinafter “instant shooting range”).

B. On September 19, 2015, a paper case was found to contain 35 ball cartridgess during the recycling garbage classification work collected by the Seoul Dobong Police Station on the 14th day of the same month on the secondhands located in Gangnam-gu Seoul Metropolitan Government, and the investigation was conducted at the hearing and audit office of the Seoul Metropolitan Police Agency, B hearing and audit office, and the inspection office of the National Police Agency related to the loss of ball cartridges was found to have been lost during the shooting training of this case.

C. The Plaintiff, as a controller of the instant shooting training, should thoroughly manage culture and weapons and loaded coal (including carbon) to prevent loss and thoroughly oversee the Plaintiff from committing unlawful acts, such as acting shooting, even though it is necessary to thoroughly supervise the manager of the instant shooting training, such as safety rules and maintenance of order before shooting.

1. From September 2, 2015 to September 4, 2015, in which the shooting training of this case was conducted, a delay is delayed, such as arrival in the shooting range at around 14:30, after the launch of the first place, for three days from September 2 to September 4, 2015.

2. In particular, at around 15:00 on September 4, 2015, after receiving a report on the termination of shooting from E Assistants in charge of shooting education, ask only “at least” to confirm whether there is anything wrong with the recovery of ball cartridges and ammunition, etc., and confirm it only formally;

3. At around 15:22, prior to the completion of shooting, the manager neglected his/her designated duty, such as leaving his/her shooting range, and thus failed to prevent unlawful acts, such as agency shooting, etc., done under the direction of E slope who is an employee under his/her control;

4. Even though the third verification of the recovery of carbon is conducted, the number of carbon actually returned to the police station without checking at the site and then returned to the police station.

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