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(영문) 대구지방법원 2019.05.15 2018구합25037
해임처분취소
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. On March 1, 2004, the Plaintiff was newly appointed as the Daegu Metropolitan Office of Education as the Local Educational Administrative Assistant Official, and served as the head of B Elementary School Administrative Office from July 1, 2016 to August 9, 2017.

From July 1, 2016 to August 9, 2017, the Plaintiff purchased goods equivalent to KRW 17,622,890 in total on 37 occasions through Internet shopping mall, while taking charge of school accounting as the head of B elementary school administration office (the treasurer of school accounting) from July 1, 2016 to August 9, 2017. After paying the price by the corporate card, the Plaintiff cancelled the payment of the price by using the corporate card, and completed the disbursement resolution and transferred the price of the goods to the corporate card settlement account.

Since then, the amount of money equivalent to the difference between the initial card settlement amount was embezzled by using the difference in the purchase of personal goods by not purchasing the goods or purchasing the goods at a reduced or low quantity in the Internet shopping mall.

In addition, when the plaintiff pointed out the relevant misconduct as an audit, the plaintiff deposited 3,370,430 won of the embezzled amount into the school accounting account of B elementary school and returned it.

B. On June 25, 2018, the Personnel Committee of the Daegu Metropolitan Office of Education decided to dismiss the Plaintiff on the ground that the Plaintiff violated Article 48 (Duty of Fidelity) of the Local Public Officials Act due to the following misconduct (hereinafter “instant misconduct”).

C. In accordance with the above disciplinary resolution, on June 29, 2018, the Defendant imposed two times the disposition of removal from office and the surcharge for disciplinary action (the amount subject to the surcharge for disciplinary action: 3,370,430 won) on the Plaintiff.

On August 22, 2018, the Plaintiff appealed and filed an appeal review with the Daegu Metropolitan City Education Appeals Commission, and on August 22, 2018, the said appeals review committee rendered an adjudication to reduce the removal of the Plaintiff by the dismissal on the ground that the removal of the Plaintiff is somewhat heavy.

(e) this;

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