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(영문) 서울행정법원 2018.06.28 2018구합55852
견책처분취소
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 October 29, 1990, the Plaintiff: (a) was a public official newly appointed by the Korea Post as an administrative secretary (Grade IX); and (b) was promoted to the administrative assistant (Grade VI) around November 10, 2015; and (c) served at B post offices until August 31, 2017, upon being issued as a postmaster of B post offices on November 16, 2015.

B. At the time that the Plaintiff served as the Director General of the B post office, cases where C, who served as the Director General of the said post office, embezzled cultural product rights worth KRW 118 million in total over 29 times from February 6, 2017 to June 30, 2017.

C. D Post offices, the office of general administration of B, on July 5, 2017, visited E Co., Ltd. (hereinafter “E”) that the adjusted amount of the quantity of cultural products distributed is below the adjusted amount, and discovered C’s misconduct. On August 1, 2017, the head of the relevant regional administration office requested C to make a decision on heavy disciplinary action and imposing disciplinary surcharge three times the adjusted amount. On September 1, 2017, the Ministry of Science and ICT adopted a resolution on removal and exemption of disciplinary surcharge against C, and accordingly, the head of the relevant regional administration office removed the office against C on September 12, 2017.

On August 8, 2017, the president of Korea Post requested a decision on disciplinary action against the Plaintiff on the ground that the Plaintiff violated Article 56 (Duty of Fidelity) of the State Public Officials Act (hereinafter “instant disciplinary action”) by neglecting to confirm the postal service (management of entrusted goods) and to prevent accidents in advance with respect to the above embezzlement case of C. On September 1, 2017, the Ministry of Science and ICT made a decision on disciplinary action against the Plaintiff on September 1, 2017. Accordingly, on September 14, 2017, the Defendant issued a reprimand against the Plaintiff on the ground of the instant disciplinary action.

(hereinafter “instant disposition”) e.

The Plaintiff’s disposition of this case.

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