2017Guhap63000 Revocation of revocation of dismissal

○ Kim

Namyang-si

Law Firm Doz.

Attorney Lee In-bok

The Governor of Gyeonggi-do

Litigation Performers;

July 3, 2018

August 7, 2018

1. The plaintiff's claim is dismissed.

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

The defendant's dismissal disposition against the plaintiff on September 8, 2016 shall be revoked.

1. Details of the disposition;

A. The Plaintiff is a person appointed as a Gyeonggi-do fire-fighting officer on June 4, 1993 and served in A fire-fighting assistant from November 27, 2014.

B. On April 29, 2016, the Plaintiff was sentenced to imprisonment with prison labor for 6 months and 2 years of suspension of execution, and the Plaintiff appealed as 2016No125 on June 16, 201 to July 22, 2015, the Plaintiff’s dismissal of the Plaintiff on the ground that the Plaintiff’s dismissal of the Plaintiff was made under Article 16-5 of the Local Public Officials Act on the ground that the Plaintiff’s dismissal of the instant disciplinary action against 21 women on the ground that he/she continued to comply with the Plaintiff’s disciplinary decision under Article 16-5 of the Local Public Officials Act on August 16, 2016, on the ground that he/she violated the Special Cases Concerning the Punishment, etc. of Sexual Crimes (Kamerra, etc.).

D. The Plaintiff dissatisfied with the instant disposition and examined the appeal, and the Gyeonggi-do appeals review committee dismissed the Plaintiff’s appeal review on December 28, 2016.

[Ground of recognition] Unsatisfy, Gap 1, 2, 3 evidence, Eul 3 evidence, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's assertion

The instant disposition is in violation of the principle of proportionality in light of the circumstance of the occurrence of the instant case, the degree of the Plaintiff’s misconduct, the Plaintiff’s overall circumstances of public services accumulated by fire-fighting officials, and the occurrence of stress after-the-job stress, etc., and thus, there was an error of violation of the principle of proportionality, such as deviation from and abuse of discretion, and omission of entry of public matters in the confirmation document submitted to the Disciplinary Committee.

B. Relevant statutes

As shown in the attached Form.

C. Judgment on the procedural illegality argument

In light of the following reasoning, each statement of evidence Nos. 4 and 25, which is acknowledged as a whole by considering the purport of the entire pleadings, the plaintiff's assertion is without merit.

① The Plaintiff received official commendation from the Gyeonggi-do Governor on January 31, 201, and received Gyeonggi-do Gyeonggi-do Governor’s Gyeonggi-do Governor’s Gyeonggi-do official on December 31, 2012, which constitutes a meritorious service for which disciplinary action may be mitigated pursuant to Article 10(1)2 of the Rules on Fire Officials’ Disciplinary Action, Etc.

② Meanwhile, the chief of A, the chief of A, the chief of a fire station prepared a written confirmation to submit it to the Disciplinary Committee pursuant to Article 9(3)2-2 of the Decree on Disciplinary Action against Fire Officials, stating that the case falls under the column of "whether the case constitutes a misconduct subject to mitigation or not", and stated the above commendation in "other matters".

③ However, the Plaintiff’s misconduct constitutes an offense of sexual assault under Article 2 and 14 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and constitutes a misconduct subject to intensive management under subparagraph 4 of Article 2 of the Regulations on Fire Officials’ Disciplinary Action, etc., and thus, it is not possible to reduce disciplinary action under the proviso of Article 10(1)

④ Therefore, the chief of A, the chief of A, the chief of A, cannot be deemed unlawful that the Plaintiff’s commendation was written in the column of “other matters” rather than in the column of “public service or misconduct subject to mitigation.”

D. Determination on the deviation and abuse of discretionary power

In light of the following circumstances, the Plaintiff’s assertion on deviation from and abuse of discretionary authority is without merit, in light of the following circumstances, which are acknowledged as comprehensively taking account of the written evidence Nos. 1, 2, and 3 and the overall purport of the theory of the change in the results of the physical examination commission for the head of the Korea University Ansan Hospital.

1. ① The instant misconduct took part of the body of the victims of a large number of unspecified women in public places, etc. repeatedly for a considerable period of time, such as the Plaintiff’s taking of video images on a mobile phone or installing a camera, etc. In light of the fact that the number of victims and the number of victims reaches 21 persons, the Plaintiff did not take any measures to recover the victims’ damage. Meanwhile, according to the disciplinary action prescribed in Article 9(1) [Attachment 1] of the Rules on Disciplinary Measures against Fire Officials, etc., the Plaintiff’s misconduct constitutes “the removal of the Plaintiff’s misconduct due to a serious degree of misconduct” and “the removal of the Plaintiff’s violation of his/her dignity by other sexual assault”.

③ The Plaintiff was engaged in a fire-fighting duty, etc. for a considerable period after being appointed as a fire-fighting official. The Plaintiff’s death in the same line of duty, the reduction of liability due to the failure of rescue activities, and the witness of the dead body may act as prior stress that may cause external stress disorder. In practice, the Plaintiff is classified as an external stress high-risk group in 2012. On the other hand, the Plaintiff is aware that the Plaintiff is unable to have sexual intercourse with his spouse due to the occurrence of the disability. Such environment may be a cause of chronic stress. (4) However, the Plaintiff’s act of taking a child’s body out of the same falls under a mental disorder (non-specified desire), and the act is considered as a cause of a normal development process leading to sexual adaptation, and the biological disorder is considered as a cause of such misconduct, etc., and thus, it is difficult to deem that the Plaintiff’s act was a cause of stress after the occurrence of the accident.

3. Conclusion

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

The presiding judge shall give the testimony of the judge.

Judges fixed-type

Judges Choi Gyeong-hoon

Site of separate sheet

Relevant statutes

Fire Officials Act;

Article 23 (Disciplinary Committee) (1) Any resolution on disciplinary action against State Fire Officials higher than Fire Assistants to the State Fire Officials Act shall be made under the State Public Officials Act.

The disciplinary committee established under the jurisdiction of the Prime Minister shall be established.

(2) Action shall be brought to make a resolution on disciplinary action against the State Fire Officials and the local fire officials not exceeding a fire brigade.

A fire-fighting officer disciplinary committee shall be established in the audience gallery, City/Do and fire-fighting agencies prescribed by Presidential Decree.

(3) The organization, jurisdiction and operation of the Fire Officials Disciplinary Committee, procedures for requesting a resolution on disciplinary action, the right to state opinions of persons subject to disciplinary action;

Other necessary matters shall be prescribed by Presidential Decree.

Decree on Disciplinary Action against Public Officials

Article 7 (Request for Disciplinary Decision, etc.) (1) Public officials of Grade V or higher under Articles 78 (1) and (4) and 78-2 (1) of the Act.

(including public officials belonging to the Senior Civil Service Corps), the competent Minister, and the competent Minister, for public officials of Grade VI or lower, etc.

to the competent disciplinary committee by the head of the agency to which the public official belongs or the head of the superior agency;

Provided, That for a public official holding concurrent positions, the head of the main agency (the main agency) shall make a resolution on the resolution, etc.

shall require.

(2) The head of an administrative agency shall disciplinary action, etc. against a public official who has no right to request disciplinary resolution.

If it is deemed that there is a ground for disciplinary resolution, etc., the head of the administrative agency;

The notification shall be accompanied by any of the following relevant data:

1. In cases of investigation by the Board of Audit and Inspection, a request for disciplinary action or imposition of surcharges for disciplinary action and suspicion;

Investigation records, such as questions, answers, certificates, etc. to the chair and related persons;

2. In cases of a case under investigation by an investigative agency, a public official's notification of the result of the disposition of crime, indictment, suspect, or related person;

· Investigative records, such as the examination records and statements concerning relevant witnesses

3. In cases of other agencies, the notification of facts of suspicion of disciplinary action, etc. and officials who can prove facts of suspicion of disciplinary action, etc.

Data on the System

(3) The head of the administrative agency notified of the reason for disciplinary action, etc. under paragraph (2) shall not exceed one month.

A request for disciplinary resolution, etc. shall be made to the competent disciplinary committee.

(4) The head of an agency which requests a disciplinary resolution, etc. under paragraph (3) shall notify the administrative reasons for disciplinary resolution, etc.

The head of the agency shall notify the results of the relevant case.

(5) The head of an administrative agency with which a general disciplinary committee is established (excluding the head of a central administrative agency) shall implement disciplinary actions.

A disciplinary committee established in such institution is deemed to have a risk of being unable to make a fair resolution.

In such cases, a general disciplinary committee established in the immediately higher administrative agency may request a disciplinary resolution, etc.

(6) Where a request for a resolution on disciplinary action, etc. is made under paragraphs (1), (3) and (5), the sufficient provisions concerning the grounds for disciplinary action, etc

shipping to the competent disciplinary committee, accompanied by the following related data necessary for the certification after making such shipment:

shall be required to be a severe disciplinary action or minor disciplinary action: Provided, That Article 32 (1) of the Board of Audit and Inspection Act shall be required to be classified as a serious disciplinary action or minor disciplinary

Pursuant to paragraph (10), the Chairman of the Board of Audit and Inspection shall specify the kind of disciplinary action prescribed in Article 79 of the State Public Officials Act.

The same shall not apply to the request for disciplinary action.

1. A written request for resolution on disciplinary resolution of public officials in attached Form 1;

2. Materials printed out of public officials' personnel records and performance records.

3. A written confirmation in attached Form 1-2;

4. Relevant evidential materials, such as official documents, evidencing the facts of suspicion;

5. Records of investigation or records of investigation regarding the facts of suspicion;

6. Measures taken against relevant persons and evidential materials therefor;

7. Extraction of relevant Acts and subordinate statutes, instruction documents, etc.;

8. Where the cause for disciplinary action, etc. falls under any of the following cases, a psychiatrist, a psychologist and a psychologist:

Opinions of experts in attached Form 1-3 prepared by social welfare scholars or other relevant experts;

(a) A sexual crime under Article 2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

(b) Sexual harassment under subparagraph 3 (d) of Article 2 of the National Human Rights Commission Act;

(7) A person entitled to request a disciplinary resolution, etc. shall make a request for such disciplinary resolution at the same time.

The copy shall be forwarded to the suspect subject to disciplinary action, etc.: Provided, That where the suspect subject to disciplinary action, etc. refuses to receive it, the case

subsection (1) of this section.

(8) A person entitled to request a disciplinary resolution, etc. shall refuse to receive a copy of the written request for such disciplinary resolution from a public official

In the case of the competent disciplinary committee, it shall be notified in writing, along with documents proving such fact.

【Local Public Officials Act

Article 55 (Duty to Maintain Dignity) No public official shall commit any act detrimental to his/her dignity.

Article 69 (Grounds for Disciplinary Action) (1) Where a public official falls under any of the following subparagraphs, he/she shall request a resolution on disciplinary action:

A disciplinary action shall be taken according to the results of a disciplinary resolution.

1. When he/she violates this Act, an order issued under this Act, or municipal ordinances or rules of a local government;

2. Breach of official duties (including those imposed by other Acts and subordinate statutes as the status of public officials).

when he/she neglects or neglects his/her duties;

3. When he commits an act detrimental to his dignity as a public official.

(2) Any public official (including State public officials) to whom other Acts apply with respect to disciplinary action, shall be subject to the disciplinary action under this Act.

Where a person is appointed as a public official subject to the provisions concerning guidance, grounds for disciplinary action under other Acts before the appointment.

The grounds for disciplinary action under this Act shall be deemed to have occurred from the date of the occurrence of such grounds: Provided, That the same grounds shall apply.

This shall not apply where a disciplinary action has already been taken.

(3) If a public official in special career service is appointed as one in career service, the relevant public official in special career service.

The grounds for disciplinary action under the Acts and subordinate statutes governing disciplinary action shall be from the date of occurrence of such grounds.

shall be deemed to have occurred.

(4) Disciplinary action against a public official in career service who is appointed as a public official in special career service before appointment.

The grounds for disciplinary action under the laws governing the corporation shall govern the disciplinary action against public officials of special career service from the date on which such grounds arise.

The grounds for disciplinary action under law shall be deemed to have occurred.

Decree on Disciplinary Measures against Fire Officials

Article 9 (Request for Resolution on Disciplinary Action, etc.) (1) The person entitled to request disciplinary action, etc. of a public fire official shall be as follows:

1. State Fire officials with a fire assistant or higher rank: The Administrator of the National Fire Agency;

2. State fire officials and local fire officers equivalent to or lower than fire officers shall take jurisdiction over disciplinary action, etc. of the relevant fire officers;

The head of an agency in which the Disciplinary Committee is established.

(2) The head of a fire-fighting agency shall take disciplinary action against a fire-fighting official under his jurisdiction by the disciplinary committee established.

When falling under the jurisdiction, a request for a resolution on disciplinary action, etc. shall be filed with the head of the superior agency.

The head of the agency in receipt of the request shall organize a disciplinary committee and request a resolution on disciplinary action, etc. without delay.

(3) When a request for a resolution on disciplinary action, etc. under paragraphs (1) and (2) is made, the financial resources for such reasons.

After conducting an investigation, the following related data necessary for the certification shall be submitted to the competent disciplinary committee:

section 32 of the Board of Audit and Inspection Act shall be requested or applied for as severe disciplinary action or minor disciplinary action: Provided, That Article 32 of the Board of Audit and Inspection Act

Punishment prescribed in Article 79 of the State Public Officials Act by the Chairman of the Board of Audit and Inspection under paragraphs (1) and (10)

Where the request for disciplinary action is specifically designated, this shall not apply.

1. Copy of the personnel records card of public officials;

2. A resolution on disciplinary action against fire officials or a resolution on the imposition of surcharges for disciplinary action under attached Form 1 (Application).

2-2. A written confirmation in attached Form 2;

3. Relevant evidential materials, such as official documents, which can substantiate the details of suspicion.

4. Records of investigation of the facts of suspicion or records of investigation;

Measures taken against the person concerned and evidential materials therefor;

6. Extraction of relevant statutes, instruction documents, etc.;

(4) The person requesting disciplinary action, etc. shall make a resolution on disciplinary action, etc. under paragraph (3) at the same time.

shall send a copy of the request for a resolution to impose disciplinary charges to the person subject to disciplinary action, etc.: Provided, That this shall not apply to the person subject to disciplinary action.

Where a person subject to deliberation refuses to receive the guidance, etc., this shall not apply.

(5) A person entitled to request disciplinary action, etc. shall make a resolution on disciplinary action against a fire official or impose disciplinary additional charges.

If the receipt of a copy of the request for resolution (application) is refused, the competent disciplinary committee shall certify such fact.

A written notice shall be given, accompanied by a chapter.

Article 16 (Extent of Disciplinary Action, etc.) (1) Standards for the degree of disciplinary action, etc. shall be determined by the Administrator of National Fire Agency

(2) When the Disciplinary Committee makes a resolution on disciplinary action, etc., it shall make a resolution on the disciplinary action, etc., in the usual behavior, work performance and merits.

must take into account the achievements, degree of penance, the opinion of the person who requested the resolution of disciplinary action, etc.

【Special Cases concerning the Punishment, etc. of Sexual Crimes

Article 2 (Definition) (1) The term "sexual crime" in this Act means any of the following crimes:

5. A crime under any provision of Articles 3 (Special Robbery, Rape, etc.) through 15 (Attempted Crime) of this Act.

Article 14 (Recordinging Cameras, etc.) (1) Any machine with a camera or any other similar function shall be deemed to be a camera.

the body of another person, which may cause sexual humiliation or sense of shame, shall be taken against his will;

any person who distributes, sells, leases, provides, openly displays, or displays, displays, or displays, any of its photographs, shall be punished by imprisonment for not more than five years; or

Any person shall be punished by a fine not exceeding ten million won.

(2) Even if the photograph under paragraph (1) does not go against the will of the person subject to the photograph at the time of shooting.

A person who distributes, sells, leases, provides, or openly displays or displays photographs against his/her will shall be punished for not more than three years.

A person shall be punished by a fine not exceeding five million won.

(3) The Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. shall apply to photographs under paragraph (1) for profit.

A person who disseminates through the information and communications network referred to in Article 2 (1) 1 (hereinafter referred to as "information and communications network") shall not exceed seven years.

A person shall be punished by imprisonment or a fine not exceeding thirty million won.

Rules concerning disciplinary action against fire officers, etc.

Article 2 (Definitions) The definitions of terms used in these Rules shall be as follows:

1. The term "offender" means a person who is directly involved in any misconduct or misconduct;

2. The term "supervisor" means a position in which he/she directly directs and supervises his/her duties or ascertains and supervises the status of his/her duties;

person who is responsible for such act.

3. The term "insignificant matters that have not reached a warning" (hereinafter referred to as "insignificant matters that have not reached a warning") of a warning.

A. Appointment of fire officers with respect to minor matters that have not reached the grounds for minor disciplinary action under Article 1-2 of the Decree;

The head of a fire-fighting agency or the head of a fire-fighting headquarters shall, in relation to an offender or supervisor under subparagraph 3 of Article 2 of the Decree;

subsection (b) of this section.

4. The term "non-performance in intensive management" means any of the following acts:

(a) Demand provided for in Article 83-2 (1) of the State Public Officials Act or Article 73-2 (1) of the Local Public Officials Act;

Acts falling under the grounds for disciplinary action for which the limitation period is five years;

(b) Sexual crimes under Article 2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

(c) A sexual traffic defined in Article 2 (1) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

(d) Sexual harassment under subparagraph 3 (d) of Article 2 of the National Human Rights Commission Act;

(e) Driving under Article 44 (1) of the Road Traffic Act or measuring under paragraph (2) of the same Article;

non-compliance

(f) Property, etc. on a person liable for registration under Article 8-2 (1) 4 or 22 of the Public Service Ethics Act;

violation of obligations in relation to the sale and trust of shares and

(g) Omission or neglect of duties;

(h) An act falling under disciplinary action against the same case not less than three times.

Article 4 (Requests for Resolution on Disciplinary Action against Offenders) (1) In making a request for resolution on disciplinary action against an offender, the costs of the suspect.

The type of the above, the degree of the misconduct, the seriousness of the negligence, the conduct, performance, public service, and the degree of penance, the investigation

Attached Table 1, attached Table 1-2 and attached Table 1-2 in consideration of the identification of public officials or other circumstances, etc.

The criteria in attached Table 2 and the criteria for the imposition of surcharges for disciplinary action under the Enforcement Rules of the Decree on Disciplinary Action against Public Officials shall apply.

(2) Where a resolution on a disciplinary action is requested against a person who offers or receives money, valuables, or entertainment, circumstances, etc. under paragraph (1) shall be attending

The criteria in attached Table 4 shall be followed by writing.

Article 5-2 (Request for Disciplinary Decision on Crimes of Public Officials) Article 83 (3) of the State Public Officials Act or Local Public Officials Act.

In accordance with Article 73 (3) of the Assistance Act, the following shall be notified by an investigative agency of the results of a crime committed by a public official:

Where a request for a disciplinary decision is made in accordance with the standards determined by the following subparagraphs, attached Table 1, 1-2 and attached Table 4 and public officials shall be public officials.

Criteria for the imposition of surcharges for disciplinary action under the Enforcement Rule of the Disciplinary Decree shall apply: Provided, That where it is determined that there is no suspicion or a crime is proposed;

e. The internal closing process may be dealt with.

1. Where a decision not to institute a public prosecution, decision not to institute a public prosecution, or decision not to suspend a witness is made, the degree of misconduct and negligence;

A request for disciplinary resolution where a suspected fact is recognized in accordance with a case, such as seriousness, intentional existence, etc.

2. Decision on suspension of indictment, decision on institution of public prosecution and other requests for disciplinary resolution;

Article 6 (Grounds for Reduction when Requesting for Resolution on Disciplinary Action) (1) Consideration into any of the following circumstances:

When there is a reason, the disciplinary decision may be requested by attaching related data and reducing the responsibility for disciplinary action.

Only, there is no reason for the misconduct in intensive management.

1. Where it has contributed significantly to fire-fighting duties concentrated on large fire-fighting in society;

2. Where he/she has contributed to recovery to the original state by making best efforts to take follow-up measures for misconduct occurred;

3. Where the cause of the irregularities has actively carried out his duties and voluntarily reported.

4. Other extenuating circumstances, but it is recognized that the results were best to prevent misconducts.

If there is no possibility of criticism;

(2) Any of the following persons with respect to a supervisor (excluding a person who falls under the reprimand order in attached Table 2):

(1) If there is a reason for normal participation, the resolution on disciplinary action shall be requested by attaching related data and reducing the responsibility for disciplinary action.

of the corporation.

1. Where he/she finds and reports the misconduct of the offender in advance or takes measures to be taken lawfully and fairly;

2. The misconduct of an offender is found to have exceeded the scope of supervision of a supervisor, such as where he/she goes beyond working hours or takes leave.

determination,

3. The misconduct of an offender is not directly related to his/her duties or is substantially supervised for a period of less than two months.

Where it is difficult;

4. Where it is deemed that an offender has conducted thorough culture and supervision.

(3) If a misconduct is deemed to have occurred due to negligence in the course of faithfully and actively performing his duties, he shall be requisitioned.

measures such as caution, warning, etc. may be taken without requiring guidance and resolution.

Article 8 (Meetings of Disciplinary Committee) (1) The Disciplinary Committee shall hold meetings of a majority of members including the Chairperson (if the majority is less than three persons.)

The attendance of at least three persons shall be held with attendance, and the following matters shall be deliberated and resolved:

1. Confirmation of personal information on the disciplinary suspect;

2. Examination of matters falling under the grounds for disciplinary action and supporting materials;

(a) Examination of grounds for disciplinary action and giving a discipline accused person sufficient opportunity to make statements;

(c) To request an interested person to appear and interrogate him/her when necessary for examination;

(c) When requesting an examination of a witness, a decision on whether to accept it shall be made by resolution.

(d) To request an employee to investigate, examine, or appraise facts, if necessary for the examination;

3. Examination of data on normal reference;

(a) The motive and conduct of the misconduct;

(b) Service record and merit;

(c) Whether the opening has been made and the restoration has been made;

(d) Opinions of persons who have requested a disciplinary resolution;

4. Applicable provisions and orders;

(2) The Disciplinary Committee shall determine a disciplinary decision, increase or decrease, after completing deliberation, and a majority of members present.

A concurrent vote shall be approved, but if the opinion is separated and does not reach the majority of the members present, a majority of members present.

by adding in sequence the most favorable opinion to the suspect.

The opinion shall be deemed as agreed upon.

(3) The executive secretary shall prepare the minutes of the Committee and the original written resolution on disciplinary action, and the written resolution on disciplinary action shall be as follows:

SectorThe management shall be divided and managed.

1. Original of a resolution on disciplinary action;

The disciplinary committee shall prepare the first disciplinary committee and keep it in custody.

2. Original copy of a resolution on disciplinary action;

Enforcement of disciplinary action by the Chairperson of the Disciplinary Committee to notify the head of the agency requesting a disciplinary resolution.

When a person having the right executes disciplinary action, he/she shall use it.

3. A copy of a written resolution on disciplinary action;

The disciplinary action executor shall deliver the disciplinary action to the person against whom the disciplinary action has been decided, or submit it to the appointment authority.

shall be prepared.

4. Preparation of the authentic or copy of a resolution on disciplinary action.

A resolution on a disciplinary action shall be made so that a person who has been a resolution may verify the quorum of the Committee or his/her representative's attendance.

shall be prepared in the same manner as the original, and at the bottom of the resolution, the term "the original or copy" shall be stated and made.

The status and rank of a person shall be stated, signed and sealed.

Article 9 (Standards for Decision on Disciplinary Action) (1) When a disciplinary committee makes a decision on a disciplinary case, the conduct and work of a person subject to deliberation on disciplinary action.

Attached Table 1, attached Table 1-2, and attached Table 4 in consideration of the opinions of persons who have requested a resolution on a sexual public change and disciplinary action;

The criteria for the imposition of disciplinary additional charges under the Enforcement Rules of the Decree on Disciplinary Action against Public Officials shall apply.

(2) Where the Disciplinary Committee passes a resolution on a disciplinary action or the imposition of penalty for disciplinary action, it shall cause a defect in misconduct and misconduct.

to maintain fairness in the execution of public services, to realize a clean public service society, and to establish a discipline, and to the extent of its resolution;

In any of the following cases, a person specified in any of the following subparagraphs as well as a person committing the relevant misconduct:

corporation shall be strictly responsible for the case.

1. Where the subject matter of resolution is a misconduct in relation to his/her duties: A supervisor involved in the relevant misconduct and his/her supervisor;

A person who is recommended to propose a misconduct;

2. Expenses which infringe on the rights and interests of the people or cause financial loss to the State due to the omission or neglect of duties;

In the case of the above case: A supervisor related to the relevant misconduct;

(3) The disciplinary committee of various levels shall determine the disciplinary action determined under paragraph (1) through a resolution of the disciplinary committee.

A detailed criteria for persons may be established and implemented.

Article 10 (Aggravated Punishment Committee) (1) A person in whose case a disciplinary resolution is requested falls under any of the following subparagraphs:

Disciplinary action may be mitigated in accordance with the standards in attached Table 3, where any relevant fire service has rendered meritorious services: Provided, That the relevant fire service shall be mitigated.

If a public official has received a warning disposition by a disciplinary action or disciplinary committee, he/she shall do so.

Public services before disciplinary action or warning is excluded from those subject to mitigation, and with respect to intensive care misconduct,

(2) No disciplinary action shall be mitigated.

1. A meritorious service awarded a decoration or medal under the Awards and Decorations Act;

2. A meritorious service awarded official commendation by the Prime Minister or higher under the Regulations on Government Official Commendation: Provided, That fire-fighting at the time of the misconduct;

A City/Do Governor (including the head of a central administrative agency equivalent to a loan) or more of a Do Governor (including the head of a central administrative agency equivalent to a loan) shall be

merit awarded to such person;

3. Public officials selected as exemplary public officials pursuant to the Regulations for Exemplary Officials;

(2) Where the Disciplinary Committee has any ground referred to in Article 7 (1), it shall be subject to disciplinary action falling under the severe misconduct.

(c) A resolution may be made by the one-stage disciplinary action against a person and the period of restriction on promotion under Article 7 (2) occurs during the period of restriction on promotion;

If a resolution on disciplinary action is required again for a misconduct, it shall be subject to two-stage disciplinary action equivalent to the disciplinary action for the misconduct.

(1) A resolution of disciplinary action is required due to the misconduct that occurred within one year after the period of restriction on promotion is terminated.

In the case of the first-stage disciplinary action, a resolution may be made.

(3) If the disciplinary committee has resolved to reduce or increase disciplinary action pursuant to paragraph (1) or (2), the disciplinary action shall be taken.

The reasons for the determination shall be specified in the column of the reasons therefor.

(4) Deleted.

(5) When the disciplinary committee has resolved that a person was not subject to reprimand by reducing his/her misconduct corresponding to reprimand pursuant to paragraph (1), he/she shall demand disciplinary action.

The decision to issue a written resolution shall be made in the column for the order of the resolution: Provided, That it shall be recommended that a warning should be given.

(6) and (6).

(7) and (7)

-Rules on disciplinary action against fire officers, etc. [Attached Table 1]

Criteria for disciplinary action (related to Articles 4 (1), 5-2, and 9)

A person shall be appointed.

Finally.