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(영문) 대전지방법원 2019.04.10 2018구합102903
견책처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the instant disposition

A. From August 1, 2014 to July 21, 2016, the Plaintiff is a local industrial assistant in the waterworks and sewerage business office at B, and is a working-level officer who vicariously performs private management services on public sewage treatment plants B as specified in the following table (hereinafter “instant public sewage treatment plants”).

[B] Separate CD Water Quality Restoration Center B located in EF G H services costs 2.1.6 billion won a year 2.6 billion won a non-high 1.6 billion won a year (based on July 2015) directly operated by B at B at B (based on July 2015), the scheduled acquisition date on December 2, 2016, as of the scheduled acquisition date after one year from the completion of the business.

B. On December 22, 2017, the Defendant rendered a one-month reduction of salary on the ground that the Plaintiff violated Articles 48 (Duty of Fidelity), 51 (Duty of Good Faith and Impartiality), and 52 (Duty of Confidentiality) of the Local Public Officials Act (hereinafter “Disciplinary Reason”), as follows.

① The purpose of the contract was to implement the contract without deliberation by the contract deliberation committee without any justifiable reason.

② A public announcement was made only 20 days on January 27, 201 on the ground that a physical lack of normal time had been found to be illegal or unjust, and a public announcement was made for a total of 30 days, including an additional public announcement made for ten days ( February 24, 2016), on the ground that “the number of human resources resource members following the takeover of the Water Quality Restoration Center (A) is not dead and the content of the public announcement may be changed.”

③ When enacting and operating a municipal ordinance on vicarious management of public sewage treatment plants at B, the Committee for Selection of Public Sewerage Management Agents was set out to be comprised of City Council members, relevant experts, and public officials in breach of the provisions of the Sewerage Act.

④ In promoting the public sewerage management agency service on behalf of the public sewerage disposal facility B, the contract was promoted without undergoing deliberation by the Committee for Selection of Public Sewerage Management Agents.

(5) The technology evaluation committee for a project proposal shall not comply with methods and procedures under local contract-related Acts and subordinate statutes.

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