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(영문) 서울행정법원 2020.12.15 2020구합1582
강등처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Details of the disposition

On December 31, 1998, the Plaintiff was a police officer appointed as a policeman on December 31, 1998, and was promoted to the Inspector on November 28, 2014. From February 13, 2014, the Seoul Songpa Police Station served in the investigation department.

On July 29, 2016, the Plaintiff received communications from D of the president of the Sports-In-House Research Institute (C) where he/she was aware of at the time when he/she conducted an intelligence criminal investigation and B team work (from February 13, 2014 to July 25, 2019) that “the former building management body of a private teaching institute that he/she runs is embezzlement of management expenses.” On July 27, 2016, the Plaintiff received notification of D’s mother-child E from D in lieu of D in the first floor closure room of the private teaching institute at the time of sports-in-school, and received plastic bags containing one million won as leave expenses, and received them on July 29, 2016, after preparing and submitting a report on the relevant suspicion of embezzlement of the management body of the building in question on July 29, 2016. However, the Plaintiff was suspended from prosecution on July 29, 2016.

On October 28, 2019, the Defendant, following a resolution of the General Disciplinary Committee on Police Officers in Seoul Song-gu Police Station, issued the Plaintiff a disposition of dismissal and disciplinary surcharge three times (standard amount 1,00,000 won) pursuant to Articles 78(1) and 78-2(1) of the State Public Officials Act on the ground that the following disciplinary grounds (hereinafter “instant misconduct” or “the instant money and valuables”) constituted a violation of the duty of good faith, the duty of integrity, and the duty of maintenance of dignity pursuant to Articles 56, 61, and 63 of the State Public Officials Act.

On November 20, 2019, the Plaintiff, who was dissatisfied with the above dismissal and the disposition of disciplinary surcharge, filed an appeal with the Ministry of Personnel Management review committee.

On January 16, 2020, the appeals review committee decided to be dismissed by demotion, etc., and the imposition of surcharges for disciplinary action shall be reduced from three times to two times the base amount.

On February 3, 2020, the Defendant notified the Plaintiff that he was dismissed by demotion, etc. according to the decision of the said appeals review committee.

Any decision made by the appeals review committee below.

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