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(영문) 대전고등법원(청주) 2020.10.28 2020누1385
해임처분취소
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the fact-finding and judgment of the court of first instance are justified even if the evidence submitted to the court of first instance is added to the evidence

이에 이 법원의 판결이유는 제1심판결문 4쪽 11∼17행 부분을 아래 『』와 같이 다시 쓰는 외에는 제1심판결의 이유 기재와 같으므로, 행정소송법 제8조 제2항, 민사소송법 제420조 본문에 따라 이를 인용한다.

【B) Of the instant misconduct, the Plaintiff appealed from the first instance court for 66 cases of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Camera, etc.”) and is currently pending in the appellate court after having been sentenced to 2 years of imprisonment with prison labor for 6 months in the first instance court (Cheongju District Court 2019No1528) (Cheongju District Court 2019No1528). This is because only limited to “the pictures that may cause sexual humiliation or sense of shame,” and it does not change the circumstances that the Plaintiff could not maintain its dignity as a public official.

Article 78 (Disciplinary Grounds) (1) of the State Public Officials Act Article 78 (Disciplinary Grounds) of the State Public Officials Act provides that if a public official falls under any of the following subparagraphs, a disciplinary decision shall be requested and disciplinary action shall be taken according to the result of the disciplinary decision:

3. Where he/she commits an act detrimental to his/her prestige or dignity, regardless of a connection with his/her duties.

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