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(영문) 인천지방법원 2018.08.17 2017구합54726
감봉처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On January 15, 1994, the Plaintiff was appointed as the Superintendent and promoted to the reduction on April 23, 2014. From January 20, 2017, the Incheon Regional Police Agency B department of the Incheon Gyeyang Police Agency.

On June 16, 2017, the Defendant issued a one-month disciplinary measure against the Plaintiff on the ground that “the Plaintiff, who was a legally married person, was living together in C and C, known at the mountain conference, from August 17, 2014 to April 11, 2017, thereby undermining the dignity of police officers,” and that “from August 17, 2014 to April 11, 2017, the Defendant was subject to a one-month disciplinary measure against

On September 7, 2017, when the Plaintiff filed an appeal review with the Ministry of Personnel Management, the said Review Committee changed the instant disposition by one month’s salary reduction, taking into account the following: (a) on September 7, 2017, the Plaintiff agreed not to interfere with mutual interest issues between his/her spouse and his/her spouse at the time of failure of marriage; (b) and (c) the Plaintiff

(A) The Plaintiff’s disposition of this case, which was taken on June 16, 2017 (hereinafter “instant disposition”), is deemed lawful by C’s petition, and the written judgment of appeal contains significant procedural errors, which dealt with a petition case as an overlapping case, in light of the following: (a) there is no dispute; (b) the written evidence Nos. 1, 2, and 3 (including the number of pages; hereinafter the same shall apply); and (c) the overall purport of the present disposition is legitimate.

Since the plaintiff's live together with C is not related to the performance of duties, there is no reason for disposition.

The plaintiff is not a unilateral coercion under the actual failure of a marital relationship. The plaintiff was affected by the press report that reported the false fact that "the plaintiff was living together with C as if the plaintiff was divorced." Thus, there is an error of deviation or abuse of discretionary power.

The plaintiff is recognized by the Incheon Western Police Station from February 2014 to July 2014.

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