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(영문) 서울행정법원 2020.07.17 2020구합992
불문경고및징계부가금2배처분취소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Details of the disposition;

A. Plaintiff A is a local administrative assistant belonging to Seoul Special Metropolitan City, and Plaintiff B is a local social welfare assistant belonging to Seoul Special Metropolitan City.

Plaintiff

A worked in the Self-Support Department C from July 16, 2015 to January 17, 2016, and from January 18, 2016, A is currently serving in the operation of the D Park and its work until January 18, 2016.

Plaintiff

B From July 13, 2015 to January 17, 2016, C was serving in the Self-Support Assistance Department, and from January 18, 2016, it is serving in the Seoul E Center from January 18, 2016.

On December 4, 2015, Plaintiff A and two employees in charge of facilities and guidance to F, which are self-support facilities located in Gyeonggi-gu Group, were conducted on December 4, 2015, and during the point of time, five members, including F, at G restaurant with 14 km away from F, provide meals together with 137,00 won, and the former president H paid KRW 137,00,000 for meal expenses, and was provided with 27,40 won per person from the above H.

Plaintiff

B On July 20, 2015, the two employees in charge of the facility and the two employees in charge of the facility confirmed the F on the job of strengthening the functions of the F, and the point time has occurred, four persons, including F, moving to G restaurant, provide meals together with four employees, and the F former president H paid KRW 9,00,00 for meal expenses, and received 24,750 won per person from H.

On December 4, 2015, F shall conduct guidance and inspection on the facilities of F, and in the same way, five persons provide meals in G cafeterias and 27,400 won per capita are provided by H.

B. On August 26, 2019, the Second Personnel Committee of Seoul Special Metropolitan City deemed that the following acts (hereinafter “instant misconduct”) committed against the Plaintiffs: (a) the prohibition of receiving money, goods, etc. under Article 12 of the Code of Conduct for Public Officials and reporting of unlawful acts under Article 20 of the Local Public Officials Act; and (b) the Seoul Special Metropolitan City Ordinance on Disciplinary Measures against Local Public Officials, etc. under Article 69(1)1 and 2 and Article 69-2 of the Local Public Officials Act; and (c) attached Tables 1 and 2 of Article 2 of the Rules on Disciplinary Measures against the Plaintiffs

C. On October 1, 2019, the Defendant issued a reprimand and reprimand against the Plaintiffs according to the above disciplinary resolution.

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