logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원 2018.09.19 2018누11126
해임처분취소
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The part citing the judgment of the court of first instance is identical to the corresponding part of the reasoning of the judgment of the court citing the judgment of the court of first instance referring to the following: (a) the Plaintiff’s assertion, “(b) related Acts and subordinate statutes,” and “the facts of recognition.” among the grounds of the judgment of the court of first instance citing the same as the corresponding part of the reasoning of the judgment of the court of first instance (Articles 8(2) of the Administrative Litigation Act, and Article 420 of the Civil Procedure Act citing it as it is.

2. A part after the final judgment of the first instance;

D. 1) Determination of a disciplinary measure is based on the discretion of the person having authority to take the disciplinary measure. However, a disciplinary measure is unlawful only when the person having authority to take the disciplinary measure is deemed to abuse the discretionary power that has been placed at the discretion of the person having authority to take the disciplinary measure as an exercise of discretionary authority. However, in order to deem that a disciplinary measure has considerably lost validity under social norms, it should be deemed that the contents of the disciplinary measure can be objectively and clearly deemed unreasonable in light of various factors, such as the content and nature of the misconduct causing the disciplinary measure, the administrative purpose that the person intends to achieve through the disciplinary measure, and the criteria for the determination of the disciplinary measure (see, e.g., Supreme Court Decisions 95Nu18727, Apr. 26, 196; 2011Du29540, Feb. 27, 2014). However, considering the following circumstances, considering that the person having authority to take the disciplinary measure has already violated the duty of national defense or its discretion to protect the person’s life and security.

arrow