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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. The Plaintiff is a public educational official in charge of the third, fourth, and fourth, in a dedicated teacher in science at B elementary school.
B. On November 13, 2017, the Plaintiff was subject to disciplinary action against the Defendant and one time the disciplinary surcharge (9,322,950 won) on the grounds that the following grounds constituted a violation of the duty of good faith, such as embezzlement and misappropriation of public funds, and neglect of work.
According to the provisions of Article 56 (Duty of Fidelity) of the State Public Officials Act, all public officials should observe laws and regulations and perform their duties faithfully.
In addition, according to the provisions of Article 13 of the Code of Conduct for Public Officials (Prohibition of Private Use of and Benefit from Public Goods), public officials should not use or benefit from additional services such as air mileage, accumulated points, etc. provided through the use of public goods such as vehicles, ships, and aircraft for public use and budget without justifiable grounds.
Therefore, the suspect should observe the laws and regulations, faithfully perform his/her duties, and should not cause property damage to his/her agency for personal convenience or interest beyond the purpose and purpose of providing public goods without justifiable grounds.
However, on March 3, 2017, the suspected suspect called a telephone call to a communications company that provides consultation on the transport, etc. (value C) using one public telephone flag, which is installed in the B Elementary School Science Center and must be used exclusively for the public performance of duties, between 47 minutes (2,842 seconds) from March 3, 2017 to 15:06:17:39 to 22 seconds (2,842 seconds). Accordingly, D information usage fees included in the above school telephone call charges and incurred property damage equivalent to KRW 136,100 in the above school.
In addition, the suspect uses repeatedly one telephone machine installed in the science room of the above school in the above way, and uses it for a total of 315 times (5 hours and 9 minutes) during the period from March 2, 2017 to April 17, 2017.