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(영문) 대법원 2016.01.28 2015두53015
강등처분취소청구
Text

The judgment below is reversed, and the case is remanded to the Gwangju High Court.

Reasons

The grounds of appeal are examined.

1. Comprehensively taking account of the evidence adopted, the court below acknowledged the fact that the plaintiff was suspended from exercising his/her duty of political neutrality by committing a crime of violating the Public Official Election Act with the same contents as the grounds for the disposition in this case. The plaintiff's act of irregularities in this case was not likely to be criticized in that the plaintiff violated his/her duty of political neutrality, such as election campaign by taking advantage of his/her status as a public official. However, ① The plaintiff's act of irregularities in this case was promoted to a local administrative official and changed to the position of the B team leader only one month, but most of the team members, including the former team leader, were aware that he/she was from the election campaign official in Gwangju Metropolitan City, but they were forced to change his/her position, but they were forced to leave his/her position due to the fact that it was not accepted, and ② The team members were involved in the act of irregularities in this case; ② the plaintiff's act of irregularities in this case's systematic election campaign centered on the former team leader, and the extent of the plaintiff's gross negligence or gross negligence's reason.

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