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Reasons
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(영문) 광주고등법원 2017.03.23 2016누5104
파면처분취소
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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Details of the disposition;

A. On April 17, 1990, the Plaintiff was appointed as a local master secretary to C Library on April 17, 1990, and was promoted to the local master secretary on April 30, 1992. On May 31, 1997, the Plaintiff was promoted to the local master secretary on May 14, 1999, and was promoted to the local master secretary on August 28, 2005.2) The Plaintiff was in charge of the transition duties, the business promotion expenses, and the business promotion expenses from the autonomous administration division or the general affairs division in B City, from January 31, 200 to January 25, 201.

B. The Defendant’s disciplinary action, etc. 1) following the resolution of the personnel committee at B on April 14, 2014, and on April 18, 2014, the Plaintiff violated Articles 48 (Duty of Fidelity) and 55 (Duty of Fidelity) of the Local Public Officials Act by committing the following misconduct, and accordingly, the former Rules on Disciplinary Action on Local Public Officials at B (amended by Rule 2805, Jan. 1, 201) stipulate only “Article 2(1) of the Rules on Disciplinary Action on Local Public Officials at B,” but Article 2(1) of the Rules on Disciplinary Action on Local Public Officials at B, at the time of committing the misconduct, was applied.

hereinafter referred to as “instant disciplinary rules”).

(2) A disciplinary action against the Plaintiff pursuant to Article 2(1) of the Act (hereinafter “instant action”).

(1) On July 10, 200 to July 22, 2009, the Plaintiff: (a) provided KRW 147,880,000 in money exchange as a commission, and (b) provided property damage in B in exchange for a total of 59 times in cooperation with the suspect D, etc., even though the Plaintiff has a duty to comply with the procedures for the execution of business promotion expenses and to prevent any loss caused by executing them in compliance with the purpose and purpose of their use; (c) however, the Plaintiff, together with the suspect D, etc., has a duty to do so.

2. The Plaintiff is jointly with the suspect D, etc. over a total of 14 times from March 3, 2007 to November 2, 2008.

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