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(영문) 창원지방법원 2019.09.26 2019구합109
직위해제처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of disposition;

A. The Plaintiff is a local public official who was appointed as a local agricultural and forest reporter on May 7, 1979 and served as a B military forest green belt and forest development manager from January 3, 2012 to July 3, 2016.

B. The Ministry of the Interior and Safety conducted a special survey on various subsidized projects of B from November 2, 2017 to November 17, 2017.

C. As a result of the above investigation, it was confirmed that ① a public contest project in the field of forestry was implemented in the name of the spouse, ② a purchase of forest land in the name of the spouse using internal information of the department, ③ an application for forest project in the name of the spouse, ④ a disclosure of internal information to encourage a third party to apply for

(hereinafter referred to as “instant misconduct.” On December 26, 2017, the Minister of Public Administration and Security notified the Defendant of the result of public office inspection that requires disciplinary action, etc. on the grounds of the aforementioned findings.

On December 29, 2017, the Defendant released the Plaintiff from his position pursuant to Article 65-3(1)2 of the Local Public Officials Act (hereinafter “instant disposition”), and on January 3, 2018, the Defendant demanded the Chairperson of the Personnel Committee to resolve heavy disciplinary action against the Plaintiff.

On the other hand, on December 30, 2017, the Plaintiff received the explanation from the Defendant on the instant disposition.

E. On October 3, 2018, the Defendant issued a reprimand against the Plaintiff regarding the instant misconduct, following a resolution of the personnel committee in the Gyeongnam-do.

F. On November 6, 2018, the Plaintiff appealed to the instant disposition and filed a petition review with the competent local appeals review committee at ordinary Nam-do. The said appeals review committee dismissed the Plaintiff’s petition review on the ground that “the period for filing a petition for review has elapsed” on February 13, 2019.

[Ground of recognition] Facts without dispute, Gap 1, 3-9, Eul 1-7, the entire purport of the pleading

2. The place where the lawsuit of this case is legitimate

A. The defendant's assertion that the disposition of this case in this case should undergo the procedure of the previous trial as necessary, and it is to be a local appeals review committee of Gyeongnam-do.

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