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(영문) 서울행정법원 2016.09.30 2016구합3802
감봉3월및징계부과금처분취소
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 appointed as a policeman on February 14, 1986, and was promoted to the police officer on September 1, 2010, and served as the patrol leader from February 4, 2015 to the Seoul Provincial Police Agency C police box from February 4, 2015, and served as a police officer in the same police station from September 16, 2015.

B. On November 27, 2015, the Defendant rendered a disposition of suspension from office for one month and disciplinary surcharge (90,000 won) to the Plaintiff pursuant to Article 78(1) of the State Public Officials Act due to the following reasons.

1. On July 14, 2015, the Plaintiff, at around 13:00 on July 14, 2015, who was on duty as the patrol leader of B police station C police box, was informed of the phone call, and introduced H and I from D at G coffee shop near EF elementary school located in Gangnam-gu, and then, H and I asked H and I to handle the instant case to the G Senior Party, who was on duty in the strong team at around 18:10,00 on the same day, at around 17:0 on the same day, he received the phone call from D and introduced H and I at the G coffee shop located near EF elementary school located in Gangnam-gu, and at around 10:10,000 on the same day, he accepted the instant case from K, I, D, D, D's pro-Japanese M, and the Plaintiff’s strong entertainment to 10:250,000 won, including 10,505 won.

2. On July 15, 2015, around 20:00 of the following day, the Gangnam-gu N “O”) received entertainment equivalent to KRW 137,000,00, such as H, I, together with H, and offered and received entertainment equivalent to KRW 45,00,000. On the same day, around 22:0 of the same day, at the Qu main store in Gangnam-gu P, the amount of KRW 700,000, such as ju and beer, offered and received entertainment equivalent to KRW 233,00,000, such as receiving entertainment equivalent to KRW 233,000.

3. It is recognized that this fact has been criticized for each media, such as YTN, and thus has caused a breach of duty by a public confidence in the police.

C. The Plaintiff dissatisfied with this, filed an appeal with the appeals review committee, and the appeals review committee is subject to a disposition of suspension from office on March 16, 2016.

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