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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Details of the disposition;
A. The Plaintiff is a police officer appointed as a patrol officer on May 15, 199 and promoted to the police officer on July 1, 2014. From January 26, 2018, the Plaintiff is a police officer who served in B police station’s livelihood safety and C district.
B. On May 31, 2019, the Plaintiff was sentenced to a suspended sentence of one year for six months in the Seoul Central District Court Decision 2018Da1141, which was sentenced to a suspended sentence of one year for the following reasons: (a) the appellate court (Seoul High Court Decision 2019No1410) reversed the judgment of the court below on the ground of a change in the subject of adjudication following the amendment of the bill of indictment on January 30, 202; (b) the Plaintiff appealed to the Supreme Court Decision 2020Do2436, but the judgment of the appellate court became final and conclusive in accordance with the decision of the dismissal of appeal as of April 1, 2020, although the Plaintiff appealed to the Supreme Court Decision 2020Do2436.
(hereinafter referred to as the “relevant criminal case”). (c)
On July 11, 2019, after the judgment of the first instance court on the relevant criminal case was rendered, the chief of the police station imposed a heavy disciplinary measure on the Plaintiff on July 11, 2019. On July 24, 2019, the General Disciplinary Committee on Police Officers B police officers decided to dismiss the Plaintiff on the ground that the instant disciplinary measure was acknowledged against the Plaintiff, and that this constitutes a violation of the duty of good faith and the duty of maintenance of dignity under the State Public Officials Act. Accordingly, on July 26, 2019, the Defendant dismissed the Plaintiff under Article 78(1) of the State Public Officials Act.
(hereinafter “instant disposition”). ① Inappropriate sexual relationship (hereinafter “Disciplinary Reason 1”), the Plaintiff continues to engage in an inappropriate sexual relationship for about one year with the victim who became aware of at around October 2016 at the E-ISDN 10, and has a sexual relationship more than 150 times.