Whether it is a disposition of the nature such as disciplinary action of removal from position

Although removal from office is a disadvantage disposition against public officials, it cannot be a disposition of the same nature as a disciplinary action.

[Defendant-Appellant] Plaintiff 1

The Minister of Health and Welfare shall make best decisions on litigation performers.

Seoul High Court Decision 74Gu299 delivered on April 29, 1975

The appeal is dismissed. The costs of appeal are assessed against the plaintiff.

Judgment on the grounds of appeal (Nos. 1, 2, and 3) by the agent of the Plaintiff suit

In light of the records of the court below's decision that the defendant's disposition of removal from one's position, which was investigated by the prosecutor's office due to the suspicion of diversion of public funds, cannot be seen as a disposition that has become invalid as a matter of course. The decision of the court below is legitimate and the removal from one's position is not based on the plaintiff's criminal case, or the plaintiff's own embezzlement of public funds, but it is obvious in the records that the position of the public official was discharged from one's position on the ground that he was extremely unfaithful, such as the statement of reasons for the removal from one's position, as stated in the statement of reasons for the removal from one's position, and there is no error of law by misunderstanding the legal principles as to mistake or grave and obvious defect in law in the original judgment, nor by misunderstanding the legal principles as to the mistake or grave and obvious defect in the application of law in the original judgment, and then the provision of the disciplinary reason in Article 83-2 of the State Public Officials Act as to removal from one's position can not be applied even to the removal from one's position.

Therefore, the appeal is dismissed as without merit. The costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Han-jin (Presiding Justice)