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(영문) 수원지방법원 2015.08.26 2014구합6921
파면처분취소
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. From July 26, 2004 to December 30, 2009, the Plaintiff was in charge of C’s business in Gyeyang-gun B, and from December 31, 2009 to September 30, 2012, the Plaintiff was in charge of D’s industrial management. From July 1, 2011 to May 1, 2014, the Plaintiff worked in E.

B. On February 28, 2014, the branch office of the Suwon District Prosecutor’s Office asked the Plaintiff to the effect that “In relation to the Plaintiff’s G fishing place located in Gyeyang-gun F on January 1, 2010, it is impossible to transfer or take over the South Korean River fishery right by means of authoritative interpretation or questioning with the Ministry for Food, Agriculture, Forestry and Fisheries, etc.” (hereinafter “the acceptance of the bribe in this case”) at the Defendant’s vehicle parked on the front of the J road located in the Gyeonggi-si I, Gyeonggi-si I, and then charged the Plaintiff with the charge that “The Plaintiff received the shopping bags containing five million won in cash from H and received the bribe in connection with its duties” (hereinafter “the acceptance of the bribe in this case”).

C. On May 1, 2014, according to the resolution of the Gyeonggi-do Personnel Committee established on April 21, 2014, the Defendant dismissed the Plaintiff’s request on May 1, 2014 (hereinafter “instant disposition”). On May 28, 2014, the Plaintiff dissatisfied with the instant disposition and filed an appeal review with the Gyeonggi-do Appeal Committee, but the said Appeal Committee dismissed the Plaintiff’s request on July 21, 2014.

On the other hand, on May 26, 2014, Suwon District Court rendered a judgment of conviction against the Plaintiff on the charge of acceptance of bribe in the instant case and sentenced the Plaintiff to a suspended sentence of ten million won (2014Kadan136) with imprisonment for six months and a fine of ten million won. The Plaintiff appealed against this and appealed. However, on December 15, 2014, the judgment of dismissing the Plaintiff’s appeal (Uwon District Court 2014No3064) was sentenced on December 15, 2014. While the Plaintiff appealed, the Supreme Court rendered a judgment of dismissing the Plaintiff’s appeal on July 9, 2015 (2015Do880), the above judgment became final and conclusive on the same day.

. against the plaintiff below.

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