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(영문) 서울행정법원 2019.07.26 2018구합7662
징계처분취소 등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff was appointed as a public official of Seoul Special Metropolitan City (hereinafter “Seoul Metropolitan City”) on August 16, 1984 and served as the head of the Housing Management Office of Seoul Metropolitan City from July 6, 2015 to June 30, 2017. At that time, the class of the Plaintiff was an official (Grade V).

B. On July 31, 2017, the Seoul Metropolitan Government Audit Committee investigated the Plaintiff, etc. about the private use of the instant recycling news block by recycling waste incineration materials at a marina resource recovery facility. The Seoul Metropolitan Government Audit Committee investigated the private use of the instant recycling news report block.

C. On November 2, 2017, the audit officer of the Seoul Metropolitan City Audit and Inspection Committee requested the Defendant to impose heavy disciplinary measures and disciplinary additional charges (two times) against the Plaintiff on the grounds that the Plaintiff used the instant recycling block in violation of the Public Property and Commodity Management Act (hereinafter “Public Property Act”). The Plaintiff made a business trip on a false basis and made a private work on a false basis.

Accordingly, on November 14, 2017, the defendant requested the First Personnel Committee of Seoul (hereinafter referred to as the "Personnel Committee of this case") to decide on heavy disciplinary action against the plaintiff and disciplinary surcharge (two times).

On July 16, 2018, the instant personnel committee decided to take a disciplinary measure such as demotion against the Plaintiff on the ground of violation of Article 48 (Duty of Fidelity) of the Local Public Officials Act and Article 50 (Prohibition of Deserting Office) of the Local Public Officials Act, and impose disciplinary measure of KRW 2,943,360 (two times). In line with the above disciplinary measure, the Defendant issued a disciplinary measure such as demotion and imposed disciplinary surcharge of KRW 2,943,360 on the Plaintiff on July 31, 2018.

(hereinafter referred to as the "instant disciplinary action", and the imposition of the above disciplinary surcharge (hereinafter referred to as "the imposition of the disciplinary surcharge in this case") is referred to as "the imposition of the disciplinary surcharge in this case", and all of them are referred to as "the disciplinary action in this case". The grounds of the instant disciplinary action in

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