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(영문) 대전지방법원 2019.08.29 2019구합100720
정직처분취소
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. The Plaintiff is a person appointed as a local fire assistant on July 31, 1992 and served as the field response team leader from July 1, 2017 to the field response team.

B. On August 28, 2018, the Defendant requested a disciplinary resolution against the Plaintiff to the Fire Officers Disciplinary Committee, and on September 5, 2018, the Cheongnam-do Fire Officers Disciplinary Committee decided on disciplinary action against the Plaintiff on the ground that the Plaintiff’s following acts (hereinafter “instant misconduct”) were in violation of Articles 48 (Duty of Fidelity), 49 (Duty of Good Faith), and 55 (Duty of Good Faith), Article 3 (Duty of Good Faith), and Article 21 (Fire Fighting, Fire Fighting, Fire Fighting, etc.) of the Fire Officials Regulations.

According to Article 11 (Support for Fire-Fighting Services) of the Framework Act on Fire-Fighting Services, the head of a fire headquarters or the head of a fire station, upon receipt of a request for support for fire-fighting duties, shall not refuse such request without justifiable grounds. According to Article 16 (Fire-Fighting Activities) of the same Act, the Fire Commissioner of the National Fire Agency, the head of a fire-fighting headquarters, or the head of a fire station shall promptly dispatch a fire brigade to the scene to perform activities necessary for fire-fighting, such as fire extinguishment, lifesaving, first aid, etc. in the event of a fire, disaster, or other emergency. However, around August 2, 2018, the head of the fire-fighting headquarters or the head of a fire station instructed the employees to check the dispatch order and not send the order to the C Center at around 22:53 minutes, the head of the fire-fighting headquarters or the head of the fire station, upon receipt of a request for support for fire-fighting services, ordered the worker to check the dispatch order and not send the order to D.

- 또한, C센터 소방경 E에게는 “우리 지금 402호 못 나가요, 세종 걔네들 내보내라고”하는 등 출동을 거부하였으며, - 출동하여야 할 직원들을 집합시켜 예정에 없는...

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