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(영문) 광주지방법원 2015.05.07 2014구합1925
강등처분취소청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The plaintiff was newly appointed as a local administrative secretary on January 1, 1985, and then was promoted to a local administrative officer on September 3, 2013. On October 14, 2013, the plaintiff was transferred to the B team leader of the Gwangju Metropolitan City Office.

On September 15, 2014, the defendant dismissed the plaintiff on the ground that the following misconducts committed by the plaintiff (hereinafter referred to as "the misconducts of this case") violate Articles 48 (Duty of Good Faith) and 55 (Duty of Good Faith) of the Local Public Officials Act, following the resolution of the Gwangju Metropolitan City Personnel Committee, the defendant dismissed the plaintiff on the ground that the degree of misconducts is severe and constitute gross negligence pursuant to Article 8 of the Local Public Officials Discipline and Appeal Regulations and Article 2 (1) of the Gwangju Metropolitan City Rules on Disciplinary Action on Local Public Officials.

The Plaintiff is serving in C from October 14, 2013 to October 14, 2013.

At present, a public official who is released from position, who is required to maintain the fairness and political neutrality of election, but from around November 201 to February 2014, 2013, at the D’s request, carried out an election campaign in a manner of prompt title 24 times by ordering his/her employees to be exposed to a lower order if he/she is exposed to a lower order in the Internet portal site. Moreover, regardless of the pretext, he/she cannot provide or express his/her intent to provide money, goods, or other benefits in connection with the election campaign regardless of the pretext, but is unable to do so, he/she engaged in an election campaign by allowing the relevant company not to be exposed to any disadvantage on the Internet through a private company from December 2, 2013 to February 2014. The relevant criminal judgment finalized by the Plaintiff’s election campaign by taking advantage of his/her status as a public official on March 25, 2014, and was charged with the election campaign as a public official, thereby committing a violation of the Public Official Election Act.

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