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(영문) 창원지방법원 2018.08.22 2017구합53741
징계처분취소
Text

1. On July 3, 2017, the Defendant’s disciplinary action against the Plaintiff for one month of salary reduction shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On January 21, 1995, the Plaintiff was appointed as a local fire assistant, and thereafter, was in charge of new employment of fire officials while serving in the B fire fighting headquarters administration division from January 1, 2015 to January 20, 2016. From January 21, 2016, the Plaintiff was transferred to C fire fighting assistant.

B. Government joint audit in 2016 and Defendant’s motion 1) The Defendant received a Government joint audit from November 14, 2016 to November 30, 2016 from the Ministry of Government Administration and Home Affairs, and as a result, the Defendant was demanded from the Ministry of Government Administration and Home Affairs to take a heavy disciplinary action or minor disciplinary action against the Plaintiff and other persons involved in the new employment of B fire officials in 2015 and 2016.2) as to this, on February 22, 2017, the Defendant applied for a new employment of B fire officials in 2015 and 2016 from the Ministry of Government Administration and Home Affairs for a review on the request for disciplinary action on the ground that the person in charge did not have any intention or gross negligence, but the Ministry of Government Administration and Home Affairs dismissed the Defendant’s request for review on May 4, 2017.

C. On May 26, 2017, the Defendant requested a mid-term disciplinary decision if the Plaintiff violated the duty of good faith under Article 48 of the Local Public Officials Act, such as the grounds for disciplinary action and public announcement No. 1 attached Table No. 2. B held a disciplinary committee on June 14, 2017 and passed a decision on the disciplinary action for January of salary reduction to the Plaintiff. On July 3, 2017, the Defendant was subject to a disciplinary action for January of salary reduction to the Plaintiff (hereinafter “instant disposition”).

(2) The Plaintiff filed a petition review with the Local Appeals Commission for the instant disposition, but the Local Appeals Commission dismissed the Plaintiff’s petition review on September 28, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 8, and the purport of whole pleadings

2. Attached Form 3.

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