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(영문) 대전지방법원 2016.05.18 2015구합1078
징계처분취소
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 February 13, 2007, the Plaintiff passed the Certified Judicial Scriveners Examination and acquired the qualification for a certified judicial scrivener. On May 21, 2007, the Plaintiff registered as a certified judicial scrivener with the Daejeon-Seoul Certified Judicial Scriveners Association and has been engaged in the affairs of a certified judicial scrivener.

B. On February 6, 2015, the Defendant issued a disciplinary action against the Plaintiff on the ground of the grounds for the disciplinary action specified in attached Table 1 (hereinafter “instant disposition”).

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Although the grounds for disciplinary action stated in the attached Table 1 of the Plaintiff’s assertion are true, the Plaintiff has been operating a certified judicial scrivener office difficult to perform his/her duties while maintaining his/her livelihood through the fact, and the Plaintiff has been hospitalized in a traffic accident around June 2014 and delayed work, the expulsion of disciplinary action is too harsh for the Plaintiff.

Therefore, the instant disposition is unlawful by abusing discretion.

(b)as shown in Appendix 2 of the relevant statute.

C. 1) Determination 1) Whether a disciplinary measure should be taken at the discretion of the person having the authority to take the disciplinary measure when a disciplinary measure is taken against the person under disciplinary measure. Thus, in order to be unlawful, the disciplinary measure is limited to the case where the person having the authority to take the disciplinary measure has abused discretion that has been left to the person having the authority to take the disciplinary measure. Whether a disciplinary measure against the person under disciplinary action has considerably lost validity under social norms should be determined by taking into account various factors, including the characteristics of duties, the contents and nature of the offense causing the disciplinary measure, the administrative purpose that the person under disciplinary measure intends to achieve through the disciplinary measure, and the criteria for the determination of the disciplinary measure (see, e.g., Supreme Court Decision 2006Du16274, Dec. 21, 2006) in light of the above legal principles.

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