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(영문) 의정부지방법원 2015.01.27 2014구합7676
파면처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On May 21, 2001, the Plaintiff was a doctor who obtained a doctor’s license on May 21, 2001, was employed as a public official in Goyang-si local contract officer (pre-class B) on June 16, 2006, and was in office in a public health clinic B, etc., and was in office in a public health clinic, etc. from January 4, 2010 to April 3, 201, and was employed as a management doctor (medical service) in a public health clinic, etc. from August 1, 201, and was employed as a public official in a local contract officer (class A) and was employed as the head of

B. On October 1, 2013, the Commissioner General of the Korean National Police Agency notified the Defendant of the fact that “A public official, who is a public official, received a corporate card (credit card number: E) from D Co., Ltd. (hereinafter “D”) under the pretext of drug prescription increase, etc. from May 27, 2010 to November 12, 2010, and received a bribe amounting to KRW 18,970,251 by means of 229 times in total at department stores, etc.” to the Seoul Central District Public Health Center, that “A public official, who is a public official, sent a bribe amounting to KRW 18,970,251 to the Seoul Central Public Health Center as a prosecution opinion.”

C. On October 24, 2013 at the Defendant’s request for a disciplinary resolution, the Goyang-si personnel committee held a committee on October 24, 2013, and decided to impose a surcharge of KRW 37,940,50 (two times the amount of money and valuables received) on the ground that the Plaintiff violated Articles 48 (Duty of Good Faith) and 53 (Duty of Integrity) of the former Local Public Officials Act (amended by Act No. 11531, Dec. 11, 2012; hereinafter the same shall apply). Accordingly, on October 28, 2013, the Defendant issued a disposition to dismiss the Plaintiff and impose a surcharge of KRW 37,940,50 on the Plaintiff.

(hereinafter “instant disposition”) D.

On November 8, 2013, the Plaintiff filed an administrative appeal seeking the revocation of the instant disposition with the Gyeonggi-do Administrative Appeals Commission, but was dismissed on January 15, 2014.

F. The Plaintiff was indicted by Seoul Central District Court 2014Gohap140 on July 29, 2014 with other health care doctors and relevant D employees, etc. who received and used the corporate card from D, and the said court was charged with the said management doctors and relevant D employees, etc.

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