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(영문) 수원지방법원 2015.10.08 2015구합62041
해임처분취소
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. The Plaintiff was first appointed as a policeman on August 28, 1992 and served in B police station investigation and intelligence teams from July 4, 2008.

B. On July 2012, when the Plaintiff had worked at B police station investigation and intelligence teams, the Plaintiff handled the case upon C’s request for damage to illegal bonds. During that process, C and C were sexual intercourses over six times in total as shown below.

On October 11, 2012, 11, 2012, the mutual incompetence near Sungnam-gu, Sungnam-gu, 2012, near Sungnam-gu, on November 13, 2012, 201, Doz. Doz. on November 13, 2012, on December 13, 2012, Doz. Doz. Doz., the Sungnam-gu, Sungnam-gu, Daz. 4202, the presidential election of 5201, 6207, the mutual incompetence near Sungnam-gu, Sungnam-gu, Ma. 12, 2013

C. The defendant Na

As stated in Paragraph C, the duty of good faith under the State Public Officials Act (Article 56), the duty to obey (Article 57), the duty of integrity (Article 61(1)), the duty to maintain dignity (Article 63), and the National Police Agency’s Code of Conduct for Public Officials (Article 473, Dec. 21, 2005; hereinafter the same shall apply), were deemed to have violated the duty to prohibit receipt of money and valuables (Article 14(1)) on the part of the State Public Officials Act (Article 78(1)1, 2, and 3 of the State Public Officials Act, and dismissed the Plaintiff on September 15, 2014 (hereinafter “instant disposition”).

The Plaintiff dissatisfied with the instant disposition and filed an appeal review with the Ministry of Personnel Management review committee, but was dismissed on December 9, 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 2, 3, 2, Eul evidence 1-12, Eul's whole purport of pleading

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) Although the Plaintiff had a sexual intercourse with C, Article 61 of the State Public Officials Act (Duty of Integrity) and Article 14 of the Code of Conduct for Public Officials of the National Police Agency (Duty of Integrity).

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