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1. The Defendant’s disciplinary action against the Plaintiff for one month of suspension from office on April 24, 2018 shall be revoked.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Details of the disposition;
A. On May 1, 1992, the Plaintiff was appointed as a public official in general service at the Seongbuk-gun Office, and served as a public official in charge of Gosung-gun B’s general affairs from September 1, 2014 to January 8, 2017.
B. On March 30, 2018, the Gangwon-do Personnel Committee decided to take a one-month disciplinary measure against the Plaintiff on suspension from office, and on April 24, 2018, the Defendant issued a disposition of suspension from office in one month pursuant to Article 69(1) of the Local Public Officials Act (hereinafter “instant disposition”) on the ground that the Plaintiff committed the following misconduct (hereinafter “instant misconduct”), and that each misconduct was in violation of Articles 48 and 55 of the Local Public Officials Act (hereinafter “instant misconduct”).
① From October 19, 2014 and December 29, 2014, the Plaintiff, along with C, purchased the office supplies equivalent to KRW 2,607,00 and KRW 1,815,00,00 respectively, and paid to the supplier by means of false preparation and exercise of the “goods purchase and request form”, “goods inspection report”, and “distribution resolution”, respectively, and then acquired KRW 1,146,90 and KRW 1,100,00 from October 29, 2014 to January 2, 2015, respectively.
② From January 26, 2016 to September 5, 2016, the Plaintiff, along with D, purchased the office supplies equivalent to KRW 5,246,00 and KRW 763,50,00, respectively, from B, and paid to the supplier by preparing and exercising the “written request for purchase of goods”, “goods inspection report”, and “statement of expenditure resolution”, and then acquired 52,000 won and 450,000 won, respectively, from January 3, 2016 to September 8, 2016.
C. On May 10, 2018, the Plaintiff filed a petition review with the Gangwon-do Review Committee seeking revocation of the instant disposition, but the Gangwon-do Review Committee dismissed it on July 17, 2018.
Criminal cases related to the misconduct of this case are as follows.
1. The Plaintiff was charged with committing the instant misconduct by committing the instant misconduct as a charge, committing the preparation of a false public document, uttering of a false public document, and committing criminal fraud, and was charged with a fine of KRW 3 million on February 12, 2018.