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(영문) 수원지방법원 2015.04.29 2014구합56360
강등처분취소
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 January 5, 2001, and served in the branch police station B from February 2, 2012.

B. On January 6, 2014, the Defendant dismissed the Plaintiff pursuant to Article 78(1)1 and 3 of the State Public Officials Act on the ground that the Plaintiff violated Articles 56 (Duty of Fidelity), 57 (Duty of Good Faith), and 63 (Duty of Maintenance of Dignity) of the State Public Officials Act, following the resolution of the General Disciplinary Committee for Police Officers at the Branch Police Station.

The Plaintiff, at around 22:40 on October 29, 2013, under the influence of alcohol by 0.040% (control value) with a alcohol content of 0.040%, the Plaintiff was found to have been exposed to a police officer under the jurisdiction of the Ministry of Transport and Maritime Affairs, who driven a vehicle at approximately 200 meters in front of the EF Station E-Man-gu Den-si C and went home, but was found to have been ill in short of the number of criminal input (0.05%). However, the Plaintiff was under the inspection and investigation on the ground of the fact that he/she was found to have been aware of the degree of approximately 200 meters in his/her own vehicle in front of the E-Man-gu Man-gu Man-gu Man-gu Man-gu Man-dong Man-dong 20:0 on the day of his/her early departure from his/her work status (hereinafter “this case’s drinking operation”).

C. The Plaintiff appealed and filed an appeal review, and the appeals review committee of the Ministry of Public Administration and Security held on April 25, 2014 without disciplinary power, while the Plaintiff served for 13 years.

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