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(영문) 서울행정법원 2016.06.24 2015구합83191
해임처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Defendant dismissed the Plaintiff on August 13, 2015 on the ground that the Plaintiff violated the duty of integrity by accepting a bribe regarding good offices for matters pertaining to the duties of another public official by taking advantage of his/her status as a public official.

(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, entry of Gap evidence Nos. 1 and 2, and purport of the whole pleadings

2. Whether the instant disposition is lawful

A. 1) The official status of the unit, and the Plaintiff’s business affairs were in charge of the management of the B headquarters’s work support division as a person in charge of collecting the information of each unit (the task of collecting information of each unit). The 2) The Plaintiff received money and valuables from the Plaintiff, who received the request for the assignment of the official from the members of the unit from June 2012 to May 2014, received money and valuables amounting to KRW 500,000,000,000,000,000,000,000,000,000 won from the members of the unit under the name of the official management division or entertainment expenses, such as the official management division, and as a result, the official management division and the person in charge of the 30,000,000,000 won from the members of the unit.

The plaintiff used money and valuables received as entertainment expenses for the government-private management officer.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 6, and 10, Eul's testimony, and the purport of the whole pleadings

B. According to Articles 47-2 and 56 of the former Military Personnel Management Act (amended by Act No. 10703, May 24, 2011; hereinafter the same), and Article 11(2) of the Military Service Rule, a soldier shall not give or receive any case, donation or entertainment, whether directly or indirectly, in connection with his/her duties, and shall be subject to disciplinary action depending on the result of a disciplinary resolution if he/she violates his/her duty of integrity.

Military personnel's duty of integrity shall be fair performance of their duties and trust in society.

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