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(영문) 수원고등법원 2020.12.02 2020누11875
강등처분취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The ground for appeal by the plaintiff citing the judgment of the court of first instance is not significantly different from the argument in the court of first instance, and the fact-finding and judgment of the court of first instance are justified even if each evidence submitted to the court of first instance was presented to this court.

Therefore, the reasoning of this court’s judgment is as follows, and the Plaintiff’s assertion that is emphasized by this court is added to “2. Additional Judgment” as to the assertion that is emphasized by this court. Thus, this court’s reasoning is consistent with the reasoning of the first instance judgment, and this is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

( short-name is also used as it is). The three-fourth of the judgment of the first instance is the “Uriwon High Court” to the “Seoul High Court.”

Following the third instance judgment of the first instance court, the term "Ywon District Court 2018 Godan71" shall be deemed to read "Ywon District Court 2019No1292".

The judgment of the court of first instance is from the third to the fourth parallel of 1st parallel of 4th parallel of 1st parallel of 1st parallel of 1st parallel of 2018 order71 "Usu District Court 2019No1292".

The fourth 7-8 decision of the first instance court (hereinafter referred to as “instant disciplinary action”) is regarded as “a decision was made” (hereinafter referred to as “instant disciplinary action”) to read “a decision was made” (hereinafter referred to as “instant disciplinary action, which was changed to demotion, etc.).

The Rules on Disciplinary Action, etc. of Police Officials (hereinafter referred to as the "Rules on Disciplinary Action, etc.") in the 7th 6th s of the judgment of the court of first instance shall be construed as the "Rules on Disciplinary Action, etc. of Police Officials (hereinafter referred to as the "Rules on Disciplinary Action, etc.") prior to the amendment of the detailed Enforcement Rules of the National Police Agency No. 548 of the Rules on Disciplinary Action

1) Article 5(1) of the former Rules on Disciplinary Measures, etc. against Police Officials (amended by the Enforcement Rule of the National Police Agency No. 548, May 23, 2019) provides that “The Rules on Disciplinary Measures, etc. against Police Officials (hereinafter “Rules”) of the first instance judgment shall be amended by the Enforcement Rule of the National Police Agency No. 548.

2. Additional determination

A. The Plaintiff’s assertion L is “report by an investigative agency.”

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