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(영문) 대전고등법원(청주) 2017.09.27 2017누2975
강등처분취소
Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s disposition of demotion against the Plaintiff on August 22, 2016 is revoked.

3. Action.

Reasons

1. The court's explanation concerning this part of the grounds for the decision of the court of first instance is the same as the pertinent part of the grounds for the decision of the court of first instance. Thus, this part is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of

2. Whether the instant disposition is lawful

A. The plaintiff's assertion and the plaintiff

B. The reasoning for the court’s explanation on this part is the same as that of each corresponding part of the grounds for the judgment of the court of first instance, and thus, this part is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

C. Whether to take a disciplinary measure when a disciplinary measure is taken against a person subject to disciplinary action who is a public official of the basic legal doctrine is at the discretion of the person having authority to take the disciplinary measure. However, if the person having authority to take a disciplinary measure as the exercise of authority has considerably lost validity under the social norms, it may be deemed unlawful. If a disciplinary measure against a public official has considerably lost validity under the social norms, the disciplinary measure should be determined based on a specific case where it can be objectively and clearly deemed that the contents of the disciplinary measure are objectively unreasonable. Even if the exercise of authority to take a disciplinary measure is left at the discretion of the person having authority to take the disciplinary measure, it violates the public interest principle that should exercise the right to take a disciplinary measure for the public interest, or if it violates the principle of proportionality or the standard of fair application of the same degree without reasonable grounds, thereby violating the principle of equality.

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