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(영문) 대전지방법원 2018.10.26 2017구합106847
강등 및 징계부가금 3배(금559,500원) 처분 취소 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

After being appointed on November 1, 1994, the Plaintiff, as D from December 1, 2015 to April 19, 2016, was in charge of the business E of the B Office of Education (hereinafter “instant business”).

On August 9, 2017, the Defendant issued a disposition three times (59,500 won) of demotion and disciplinary surcharge (59,500 won) in accordance with Articles 69 and 69-2 of the Local Public Officials Act on the ground that the Plaintiff committed the following misconduct and violated Articles 48 (Duty of Fidelity), 53 (Duty of Integrity), and 55 (Duty of Integrity) of the Local Public Officials Act:

(1) On April 12, 2016, the Plaintiff (hereinafter “instant disposition”) was selected as an evaluation member by the F Office of Education for the selection procedure of E service providers and received entertainment equivalent to KRW 185,00,00 in total amount of KRW 18,50,00,00 from H, well known to the effect that the Plaintiff would have to move to G from April 12, 2016 to 23:00, and that he would have been able to be selected as an evaluation member. The Plaintiff received entertainment in relation to his duties by getting on the Nth Office of Education and E service of the F Office of Education to G where the F Office of Education is located and returned to J. 1.

2. Violation of the regulations related to duties and neglect of duties (hereinafter “the ground for disciplinary action 2”) shall faithfully perform the duties in the instant project in compliance with the relevant regulations, etc. However, the Plaintiff is obliged to perform the duties in good faith. However, ① violation of the relevant regulations, such as failure to conduct daily audits and security audits, ② Voluntary application of the period for submitting proposals, ③ violation of the procedures for amending the request for proposal, etc., ④ violation of the procedures for preparing and recycling the specifications for preparing the request for proposal, ⑤ Violation of the selection of evaluation methods, and 7).

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