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(영문) 수원지방법원 2015.12.08 2015구합62546
해임처분 취소 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On September 6, 1986, the Plaintiff was appointed as a patrol officer and promoted to the police officer on September 1, 2009. From May 26, 2014 to November 17, 2014, the police box of Suwon Heavy Police Station B was assigned to the police station B, and from November 18, 2014 to the police station of Suwon Heavy Police Station C, and was dismissed from office on December 9, 2014 by the Defendant for the following disciplinary reasons.

Although the Plaintiff, as a police official, must observe all relevant statutes and service rules, obey orders of superior officers, and faithfully perform duties, the Plaintiff was neglected to frequently engage in basic duties at the time of serving in the Suwon Middle Police Station B Police Station B police box, and was negligent in performing his/her duties on his/her own. On September 16, 2014, when there was a change in the jurisdiction while performing duties on behalf of the head of the team team at around 05:20 on September 16, 2014, he/she did not dispatch for the on-site direction but carried out in the police box within the police box. While he/she is required to carry with him/her any electricity, etc. necessary for performing duties during his/her duties, the Plaintiff neglected his/her duties by failing to wear electricity without labor for about four months from May 2014 to September 20 (hereinafter “Disciplinary ground”).

), 2) 2014. 11. 11. 18:00경 B파출소에서 교대근무 중, D팀 직원들 때문에 감찰조사를 받은 사실에 불만을 갖고 격앙되어 비꼬는 말투로 “누가 감시하냐 니들 다 명예훼손으로 고소할 거야.”라고 발언하였고, 특히 평소 감정이 좋지 않았던 D팀 경위 E, 경장 F에게 욕설을 하고 외근조끼를 벗어버리며 폭행을 할 듯 위력을 과시하였으며, 퇴근하는 D팀원들에게 “총으로 다 쏴 죽여버린다.”라고 위협하는 등 조직의 내부결속을 저해하였는바(이하 ‘제2징계사유’라고 한다), 원고의 이와 같은 행위는 국가공무원법 제56조(성실 의무), 제63조(품위 유지의 의무)에 위배된다.

B. On December 15, 2014, the Plaintiff is dissatisfied with the above dismissal disposition, and the appeal review is conducted with the appeals review committee.

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