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(영문) 서울행정법원 2015.08.27 2015구합5665
불문경고처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The plaintiff of the instant disciplinary action was appointed as an administrative officer on March 4, 1985 and served as the head of the Ministry of Culture, Sports and Tourism from April 17, 2013.

On October 15, 2014, following the resolution of the Central Disciplinary Committee, the Defendant filed a request with the Ministry of Personnel Management for appeal against the Plaintiff on June 12, 2014, on the ground that “the Plaintiff’s request for disciplinary action against D, an employee of the Korea Press Foundation C team of Myanmar (hereinafter “Disciplinary Reason 1”) was sexual harassment, or an inappropriate statement that he/she would be able to give easure, and that he/she would have a easible time at the latest during official business trip (hereinafter “Disciplinary Reason 2”) violated Article 63 of the State Public Officials Act. The Defendant asserted that the Plaintiff’s request for disciplinary action against the Plaintiff on November 17, 2014, which was not subject to the above disciplinary measure, was unlawful and unlawful, and that the Plaintiff’s request for disciplinary action against the Plaintiff, which was not subject to disciplinary action by the Central Disciplinary Committee on January 28, 2015 (hereinafter “instant disciplinary action”), and that the Plaintiff’s request for disciplinary action against the Plaintiff’s ground for disciplinary action should be deemed unlawful.

The remarks at issue regarding the grounds for disciplinary action No. 1, where there is no substantial defect, were made in a private drinking place, which is one with the plaintiff's daily activities accompanying the plaintiff's business trip after the plaintiff completed the schedule of all official events.

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