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(영문) 인천지방법원 2014.07.17 2013가합10501
징계면직 등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a district fisheries cooperative established pursuant to the Fisheries Cooperatives Act for the purpose of enhancing the economic, social, and cultural status of fishermen and fishery product processors, and enhancing the competitiveness of fisheries and fishery product processing business. On January 13, 1982, the Plaintiff joined the Defendant on January 13, 1982 and worked as the head of the branch office at the Defendant’s C branch office located in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, from January 2, 201 to December 31, 2012.

B. In accordance with Articles 68 and 69(1) of the Personnel Regulations of March 9, 2012, the Plaintiff was subject to a disposition of suspension from office for one month due to the violation of the delegation agreement and the violation of the criteria for the price investigation of collateral (hereinafter the instant disposition of suspension from office) pursuant to Article 68(3), 5, and 7 of the Personnel Regulations of March 12, 2013, the Plaintiff was subject to disciplinary action (hereinafter the instant disposition of suspension from office) on the ground that the Plaintiff was subject to a disposition of suspension from office for the same class twice pursuant to Article 69(1) of the Personnel Regulations, due to improper handling of mortgage loans, improper follow-up management and neglect of supervision of subordinate employees, etc., and the violation of the delegation agreement due to a loan without approval, and the accident was committed on the ground that he was subject to a disposition of suspension from office for the reason that he was subject to two times in the same class (hereinafter the instant disposition of suspension from office for the Plaintiff.)

C. On March 27, 2013, the Plaintiff filed a petition for review on the instant secondary suspension disposition and the instant dismissal disposition, but the Defendant’s personnel committee dismissed the Plaintiff’s petition for review on May 8, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 5, 6, Gap evidence No. 2-1, 2, Eul evidence Nos. 13, 30, 31, and the purport of the whole pleadings

2. The plaintiff's assertion

A. The plaintiff asserts that the first suspension disposition of this case is unfair and invalid for the following reasons.

1. Regarding the violation of the delegation agreement, which is the ground for the first suspension from office, the Plaintiff’s loan to D, E, and F from November 3, 201 to November 7, 201, and November 30, 201.

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