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(영문) 부산고등법원 (창원) 2018.12.19 2018누11503
해임처분취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court of the first instance’s explanation concerning this case is as stated in the part of the first instance judgment, except for the dismissal or additional determination as follows. Thus, it is acceptable to accept this as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

In the judgment of the court of first instance, the 5th 12th eth 12th eth son selected “the Defendant shall select a dismissal within the above scope of a disciplinary decision.”

The Plaintiff’s additional determination is divided into the misconduct related to the gender, drinking driving, and non-human rights acts using the superior position, etc. under attached Table 1 of Article 4(1) of the Rules on Disciplinary Measures, etc. against Police Officials, and the E Public Security Center does not have any place where police personnel are permanently stationed or open to the public. Thus, the Plaintiff’s remaining locked away from all turts on the first floor of the E Public Security Center does not constitute a violation of the duty to maintain dignity, and even if it constitutes a violation of the duty to maintain dignity.

Even if disciplinary action is determined, it argues that the degree of violation of duty is weak and transitional.

Article 63 of the State Public Officials Act provides that "No public official shall do any act detrimental to his/her dignity, regardless of whether it is for his/her duties."

Considering the status of public officials who are widely entrusted with public duties by the people and work for the whole people, acts detrimental to the dignity of public officials are likely to undermine their own trust as well as the people's trust in the public service society, all public officials shall not engage in any act detrimental to their dignity, regardless of whether they are inside or outside the scope of their duties.

In this context, the term “decency” refers to a physical body without any knife in performing duties as a servant of all citizens who maintain their prestige, dignity, and credit, and who are a sovereign citizen, regardless of whether they are inside and outside of the duties.

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