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(영문) 대전지방법원 2016.05.19 2015구합101923
해임 및 징계부가금 처분 취소
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. The Plaintiff was newly appointed as a local public official on March 14, 1995 and was engaged in the duty of operating a school vehicle at B elementary school from March 1, 2006 to December 31, 2013, and from January 1, 2014 to C elementary school.

B. On December 24, 2014, the Plaintiff was subject to a disposition of dismissal and disciplinary surcharge (10,188,000 won) on the grounds that he/she violated the duty of good faith under Article 48 of the Local Public Officials Act, Article 50, Article 53, and Article 55, on the grounds that he/she violated the duty of care to maintain dignity under Article 48 of the Local Public Officials Act, on the grounds of suspicion of the purchase cost, the repair cost of brakes, the cost of acquiring oil, and the unauthorized removal of workplace.

C. On January 16, 2015, the Plaintiff filed a petition against the Superintendent of the Office of Education, Chungcheongnam-do. On March 9, 2015, 2015, the Education Review Committee for Local Public Officials, Chungcheongnam-do, recognized the following grounds for disciplinary action, and changed the said three times of the dismissal and disciplinary additional charges to three times of the dismissal and disciplinary charges (hereinafter “instant disposition”).

From March 1, 2006 to December 31, 2013, the petitioner worked as a driver of B elementary school, from January 1, 2014, to December 31, 2013, and from C elementary school: (a) around December 18, 2009, requested 6 and 3 side values of school buses to provide approval; and (b) among them, the petitioner replaced only 4 and side values; and (c) without purchasing the remaining two, appropriated the amount equivalent to KRW 968,000 for the repair cost of the vehicle owned by the principal (hereinafter referred to as "grounds for disciplinary action").

(2) On April 22, 2013, among the brakes of school vehicles around April 2, 2013, a request for goods was obtained with the approval of the request and appropriated for the replacement cost of goods consumed by one’s own vehicle (hereinafter “the ground for disciplinary action 2”), and even though the actual distance on November 17, 2010 was 9,254km, even if the actual distance on November 17, 2010 was 9,269km, it is rather than the actual distance.

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