2017Nu4391 Revocation of a disposition of revocation of reprimand

A

Head of Daegu Regional Employment and Labor Agency

Daegu District Court Decision 2016Guhap1747 Decided January 13, 2017

July 14, 2017

August 25, 2017

1. The plaintiff's appeal is dismissed.

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

The judgment of the first instance is revoked. The Defendant’s reprimand disposition against the Plaintiff on January 19, 2016 shall be revoked.

1. Quotation of the first instance judgment

The reasoning for the court’s explanation on the instant case is as follows: (a) whether the instant case constitutes grounds for disciplinary action under Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act, except for the modification of the following parts: (b) whether the instant case constitutes grounds for disciplinary action under Article 3(1) of the judgment of the court of first instance.

2. Parts to be corrected;

1) Whether grounds for disciplinary action exist

갑 제16호증, 을 제4, 5호증의 각 기재에 의하면, ① 원고는 2015. 10. 20. 20:00경 D와 다툰 후, 2015. 12. 11. 안동경찰서에서 피의자신문을 받으면서 "피의자는 타인을 폭행한 사실이 있나요?"라는 질문에 "예, 그렇습니다"(갑 제16호증의 제4면 참조)라고 답변함으로써 폭행 혐의를 시인한 사실, ② 원고는 2015. 12. 17. 대구지방고용노동청에서 조사관과 임의 문답하면서 "D가 대답을 안하길래 '어떻게 죽는데' 하면서 D 뺨을 살짝 스치듯이 톡톡 건드렸는데"(을 제4호증의 제3면 참조)라고 답변함으로써 다시 한번 폭행 혐의를 시인한 사실, ③ 당시 원고와 D 사이의 싸움을 목격한 직장동료 E도

In the Daegu Regional Employment and Labor Office on December 18, 2015, it is recognized that the plaintiff responded to the "I sleeped with D's her cream in the interest of the plaintiff" (see Section 5-3 of the evidence).

In full view of each of the above recognized facts and evidence Nos. 1 through 11, the Plaintiff can sufficiently prove the facts of assaulting D due to the Plaintiff’s loss during the appeal at around October 20, 2015, 200, when considering the overall purport of the pleadings. Thus, the grounds for the instant disposition exist.

The plaintiff's assertion to this different purport is not acceptable.

3. Conclusion

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

The presiding judge and judge system;

Judges Kim Tae-tae

Judge Gyeong-man