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(영문) 서울고등법원 2016.12.21 2016누48784
정직처분취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds alleged in the trial while the plaintiff appealed from the judgment of the court of first instance are not significantly different from the grounds alleged in the judgment of the court of first instance.

In addition to the fact-finding and decision of the court of first instance, the fact-finding and decision of the court of first instance are justified, and some testimony of the witness L of the court of first instance is not believed, in full view of the purport of the whole pleadings as follows.

The reasoning of this Court concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the following portions, and thus, this Court shall accept it in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. The dismissal of the judgment of the court of first instance reaches 7 pages 3 through 20 are as follows.

2) Article 48 of the Local Public Officials Act provides that “All public officials shall observe Acts and subordinate statutes, and perform their duties faithfully.” Such duty of good faith is the most fundamental duty imposed on public officials, and the duty of good faith is that public officials shall perform their duties faithfully by putting their personality and conscience to the greatest extent possible in order to promote public interest and prevent disadvantages.

(See Supreme Court Decision 88Nu3161 delivered on May 23, 1989). Meanwhile, a public official’s duty of good faith is to comply with statutes in performing his/her duties, and it does not necessarily mean that a public official is not in breach of the duty of good faith even when he/she is irrelevant to his/her duties.

B. In the instant case, the duty of good faith is a duty imposed on public officials performing their duties to promote the overall interest of the people; the Local Public Officials Act separately prescribes the duty to maintain dignity when they are irrelevant to the performance of their duties; the Plaintiff did not perform his duties as public officials on the date of the instant accident; and the Plaintiff’s status as fire officers.

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