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(영문) 광주고등법원(전주) 2014.11.03 2014누712
해임처분취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Reasons

1. Details of the instant disposition

A. On January 21, 2004, the Plaintiff was appointed as a local public educational official belonging to the Office of Education of Jeollabuk-do, and served as the head of the administrative office from January 1, 2010 to the Seoul Elementary School located in the Jeonbuk-gun B.

B. On April 18, 2013, the Defendant issued a disposition of dismissal and disciplinary surcharge of KRW 35,400,000 against the Plaintiff on the ground that the Plaintiff committed the following misconduct (hereinafter “instant disciplinary measure”) and violated Article 48 (Duty of Fidelity) of the Local Public Officials Act (hereinafter “instant disciplinary measure”), following a resolution by the Personnel Committee of the Office of Education of Jeollabuk-do (hereinafter “instant dismissal disposition”); and collectively, “instant disciplinary measure” and “each of the instant dispositions”).

① Around September 7, 2010, the Plaintiff had access to the Agricultural Internet Banking by using a computer from the Seoul Elementary School Administrative Office located in the Seoul Elementary School Office in U.S., U.S., U.S., and transferred KRW 1.8 million from the Agricultural Bank Account (Account Number D) in the name of the victim C elementary school managed by the Plaintiff to the Agricultural Bank Account in the name of the Plaintiff, and thereafter, he embezzled it for business purposes by consuming his card payment, hospital expenses, etc. at the former State, etc. around that time.

(C) Around November 24, 2010, the Plaintiff arbitrarily transferred KRW 10 million from the above NongHyup account under the victim’s name to the Plaintiff’s name, and then embezzled it for business purposes by consuming the purchase and sale of shares in Jeonju’s land for private purposes, such as purchase and sale of shares.

② On December 2010, the Plaintiff’s alteration of private document and alteration of private document display is to delete and copy the “A” portion of the transfer name of November 24, 2010 from among the above No. 1 of the No. 1 of the No. 1 of the said No. 1 of the said No. 1 of the No. 1 of the said No. 1 of the No. 1 of the said Act managed by the Plaintiff with the intent to arbitrarily conceal the transfer of KRW 10,000,000 at the same place, and to alter without authority a copy of the passbook in the name of the No. 3 of the No. 3 of the

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