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(영문) 수원지방법원 2018.05.31 2017구합71124
징계처분등 취소 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On December 26, 1980, the Plaintiff was newly appointed as the local administrative secretary of Gyeonggi-do, and served as the head of the Library from May 31, 2017.

On July 31, 2017, the Defendant issued a disciplinary surcharge (hereinafter collectively referred to as “instant disposition”) under Article 48 (Duty of Good Faith), Article 50 (Prohibition of Deserting Office), Articles 53 (Duty of Integrity) and 55 (Duty of Integrity) of the Local Public Officials Act, Article 19 (Annual Leave Plan and Permission) of the Local Public Officials Service Ordinance, on the ground that the Plaintiff violated the following disciplinary reasons (hereinafter referred to as “instant disciplinary cause”), and imposed the surcharge (hereinafter collectively referred to as “instant disposition”). The main contents of the disciplinary cause are as follows.

(A) In the process of a resolution on disciplinary action, the Plaintiff did not dispute the following disciplinary reasons: (a) during the working hours on April 12, 2017, the Plaintiff was found to have been exposed to the inspection team during the period of 17:30 hours, and returned to the workplace at around 17:30 hours after drinking alcohol or leaving the workplace (hereinafter referred to as “the first non-act”); (b) during the total working hours from January 5, 2017 to April 11, 2017, the Plaintiff was found to have been on a daily basis, such as visiting the construction site at home and leaving the workplace without permission; and (c) returned to the workplace at around 17:17:0 hours without permission during the total working hours.

2. The head of the E-gu Industrial Division of the E-Gu Office, the head of the F Dong’s office, and employees who did not have the authority to approve the agency approval unfairly by informing their employees of the password of the account identification number of their electronic document system, private service, etc. from May 7, 2014 to April 12, 2017. The total amount of approximately 6,070 cases equivalent to approximately 44% of the entire official approvals produced by the above department was 539 days.

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