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(영문) 부산고등법원 (창원) 2018.01.24 2017누11551
견책처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are the same as the reasons for the judgment of the court of first instance, except for adding the contents stated in paragraph (2) to the statement in Paragraph (2). As such, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act

2. The addition;

A. Article 78(1) of the State Public Officials Act provides that if a public official commits an act detrimental to his body or dignity, regardless of whether it is a reason for a disposition, a resolution of disciplinary action shall be requested and the disciplinary action shall be taken according to the result of the resolution of disciplinary action. Article 78(2) provides that if a public official subject to other Acts with respect to a disciplinary action is appointed as a public official subject to the provisions of this Act with respect to a disciplinary action, the reason for disciplinary action under other Acts prior to his appointment shall be deemed to have occurred from the date of the occurrence of the reason. In light of the foregoing, where a public official subject to other Acts is appointed as a public official under the State Public Officials Act after the resignation of a public official under the State Public Officials Act and then again is appointed as a public official under other agencies under the State Public Officials Act, regardless of whether he is a public official under the jurisdiction of the State Public Officials Act, the act detrimental to his body or dignity shall also be deemed to constitute a case where a public official under Article 78(1) of the State Public Officials Officials Act is committed within the scope of his duties.

On the other hand, Article 1 of the Public Educational Officials Act provides that the purpose of the Public Educational Officials Act is to prescribe special cases concerning the State Public Educational Officials Act and the Local Public Officials Act, which are applied to public educational officials.

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