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(영문) 수원지방법원 2018.05.03 2017구합64607
징계처분취소
Text

1. The Defendant’s disciplinary action against the Plaintiff on December 21, 2016 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. The Plaintiff was appointed as a local fire assistant on January 24, 1995 and served as the local fire assistant in Gyeonggi-do Disaster and Safety Headquarters B from July 10, 2015.

B. On December 23, 2013, the Plaintiff visited D Child Care Center located in Gangseo-gu Seoul Metropolitan Government (hereinafter “instant Child Care Center”) operated by the Plaintiff’s head of the Plaintiff’s body and head of the mother, together with the Plaintiff’s child care center F. In the process where the Plaintiff’s performance found C at the child care center in the instant case, there was a dispute with the employee who had worked there.

C. On December 23, 2013, upon the dispute, the police called the child care center of this case on or around December 13, 2013. However, C stated that the police was a minor defense, and the police did not take any measure.

around 2016, E claimed damages against C due to an illegal act.

On March 8, 2016, C filed a complaint with the Plaintiff, E, and F as a violation of the Punishment of Violences, etc. Act (joint intimidation), coercion, and interference with business.

E. The prosecutor prosecuted the Plaintiff solely on the charge of interference with business among the above accusation facts, and issued a non-prosecution disposition on the ground that the remainder of the accusation is not suspected.

F. On December 2, 2016, the Gyeonggi-do Disciplinary Committee on Fire Officers (hereinafter “Disciplinary Committee”) deemed that the Plaintiff violated Article 55 (Duty to Maintain Dignity) of the State Public Officials Act due to grounds for disciplinary action following the foregoing, and accordingly, the Defendant was subject to disciplinary action against the Plaintiff on December 20, 2016.

(hereinafter “instant disposition”). On December 23, 2013, the Plaintiff: (a) visited the instant childcare center operated by C without prior permission, and exercised bathing, etc. without permission.

2. Grounds for Disciplinary Action: The plaintiff's vehicle has been driving directly to visit the child care center of this case without obtaining prior permission.

Grounds for disciplinary action: December 23, 2013.

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