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(영문) 서울행정법원 2016.02.04 2015구합9568
취업제한결정및취업해제조치처분취소
Text

1. The plaintiff shall dismiss the lawsuit against the defendant Government Public Service Ethics Committee;

2. The plaintiff's defendant.

Reasons

1. Details of the disposition;

A. Nonparty C Foundation (hereinafter “Nonindicted Foundation”) is an institution established under the Act on the Promotion of Newspapers, Etc. (hereinafter “Examination Act”). The Plaintiff served as the president of Nonparty C Foundation from February 1, 2010 to December 23, 2013, and is employed as the president from November 7, 2014, when the Plaintiff retired.

B. However, the Plaintiff did not undergo the procedures for verifying whether employment is restricted pursuant to Article 18(1) of the former Public Service Ethics Act (amended by Act No. 12946, Dec. 30, 2014; hereinafter “former Public Service Ethics Act”) prior to the Plaintiff’s employment in the non-party corporation.

C. On June 26, 2015, the Defendant Government Public Service Ethics Committee decided on June 26, 2015 that employment for the Plaintiff’s non-party corporation, who was an executive officer or employee of the public service-related organization under the former Public Service Ethics Act, limited employment, requested the Minister of Culture, Sports and Tourism to take measures to release the Plaintiff from employment (hereinafter “decision on employment restriction, etc. of this case”), and notified the Plaintiff of the aforementioned result of the examination.

The gist of the reasons for the decision, such as the restriction on employment, of this case is as follows.

- The non-party corporation is an employment-restricted institution under Article 17(1)2 of the former Public Service Ethics Act, Article 17(8) of the Public Service Ethics Act, and Article 33(2) of the Enforcement Decree of the same Act.

- The non-party foundation, who was the Plaintiff’s president, performed tasks such as budgetary support for the non-party corporation, media promotion fund and financing support for the members of the non-party corporation, government advertisement and court announcement, etc. As such, it is recognized that the business relationship is recognized pursuant to Article 17(2)1 and 8 of the Public Service Ethics Act and Article 32(2) of the Enforcement Decree of the same Act

The Minister of Culture, Sports and Tourism, upon receiving a request from the Defendant Government Public Service Ethics Committee, dismiss the Plaintiff from the non-party corporation on July 6, 2015.

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