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(영문) 대구지방법원 2015.03.18 2014구합2159
직위해제및 감봉처분취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. On December 12, 1981, the Plaintiff was appointed as a local administrative secretary, local administrative assistant, local administrative assistant, and local administrative assistant, etc. on and around September 18, 2010, and the Plaintiff was promoted to Gyeongbuk-do D, a local administrative official on and around September 18, 2010. (2) On or around December 3, 2010, the Plaintiff maintained the Defendant’s personnel position according to the Defendant’s personnel order and was transferred to the E-Gun general affairs division. (3) On or around December 21, 201, the Plaintiff was dispatched to the F University Regional High-Tech Development Promotion Group around February 21, 201, and was transferred to the G Myeon branch around July 1, 2011.

B. On February 27, 2014, the Plaintiff: (a) visited the Plaintiff’s main office and the Plaintiff’s complaint about the omission of promotion H (Local Administrative Assistants) from the Plaintiff’s wife; (b) made verbal abuse by phone call to the General Affairs Division of the Gun Office on February 17, 2014; and (c) visited the Guns General Affairs Division of the Gun Office in charge of general affairs on his/her own floor at around 17:30, after leaving his/her workplace without working in G; and (d) visited the Guns General Affairs Division of the Gun Office in charge of general affairs on his/her hand at around 20 minutes; and (e) made abusive and verbal abuse at the office of the general affairs division for about 20 minutes.

From February 28, 2014 to March 2, 2014, the Plaintiff sent a text message indicating intimidation against personnel affairs to B/Gun, deputy head of the planning office, head of the administrative office, person in charge of personnel affairs, etc. on several occasions, and reported this fact to the media.

1) On March 24, 2014, the Defendant’s ground for the following disciplinary action (hereinafter “instant ground for disciplinary action”) to the Standingbuk Provincial Personnel Committee (hereinafter “instant ground for disciplinary action”).

) On March 25, 2014, the Plaintiff required a heavy disciplinary resolution against the Plaintiff, and on March 25, 2014, the removal from office (hereinafter “instant removal from office”) pursuant to Article 65-3(1)2 of the Local Public Officials Act.

(2) On April 14, 2014, the Chairperson of the Standing Provincial Personnel Committee violated the duty of good faith provided for in Article 48 of the Local Public Officials Act and the duty to maintain dignity provided for in Article 55 of the same Act with respect to the Plaintiff.

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