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(영문) 서울행정법원 2019.07.05 2018구합69035
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. From July 1, 2014 to June 30, 2016, the Plaintiff worked as the C Team leader in Jongno-gu Seoul Metropolitan Government Office B, and performed the business planning, ordering, and termination of a contract conducted by Jongno-gu Seoul Metropolitan Government (hereinafter referred to as the “Cro-gu”).

(F) The construction works include construction and civil engineering works, machinery and equipment works, interior works, etc. (hereinafter “instant construction works”) and among them, only the part of the construction and civil engineering works are referred to as “instant construction and civil engineering works” (hereinafter “instant construction and civil engineering works”).

Jongno-gu and E Co., Ltd (hereinafter referred to as “E”) concluded a contract for the instant construction project by setting the construction period from April 21, 2014 to October 31, 2015.

(hereinafter referred to as the “instant contract”). (c)

From February 7, 2016 to October 30, 2016, the Board of Audit and Inspection (hereinafter “instant audit”) conducted an audit on the instant construction project (hereinafter “instant audit”). As a result of the instant audit, the Plaintiff demanded the Defendant to take a disposition of suspension from office against the Plaintiff on the ground that the Plaintiff’s “unfair disposition of termination of the construction contract” and “non-performance of the management of the business of succession to steel framed.”

On November 13, 2017, the Seoul Special Metropolitan City Personnel Committee violated Article 48 of the Local Public Officials Act by cancelling the instant contract with the Plaintiff without fulfilling the conditions of termination of the contract (hereinafter “instant grounds for disciplinary action”); ② Article 48 of the Local Public Officials Act by improper processing of the affairs of succession to steel works; Articles 17(1) and (3), and 18(1) of the Act on Contracts to Which a Local Government Is a Party (hereinafter “Local Contract Act”); (hereinafter “grounds for disciplinary action”; hereinafter “the instant grounds for disciplinary action”); and (e) Article 17(1) and (3), and Article 18(1) of the Act on Contracts to Which a Local Government Is a Party (hereinafter “Local Contract Act”). On the grounds that the Plaintiff is “the instant grounds for disciplinary action”, the Defendant resolved to take the salary reduction for two months against the Plaintiff on December 5, 2017.

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