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(영문) 수원지방법원 2017.10.24 2017구합60018
해임처분 취소청구
Text

1. The Defendant’s dismissal disposition against the Plaintiff on July 11, 2016 shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On December 27, 2005, the Plaintiff was appointed to the Korea Post by the Ministry of Information and Communications as a technical Grade 10 Information and Communications Technology Board. From March 23, 2013, the Plaintiff served in the Department of Information and Communications B post offices of Gininin-man Regional Administration B.

B. On June 24, 2016, the ordinary disciplinary committee decided to dismiss the Plaintiff pursuant to Article 78(1) of the State Public Officials Act on the ground that the Plaintiff committed the following misconduct and violated the duty to maintain dignity under Article 63 of the State Public Officials Act (see, e.g., Supreme Court Decision 2009Da3248, Jul. 11, 2016). The Defendant dismissed the Plaintiff on July 11, 2016 in accordance with the above resolution.

(1) On September 26, 2015, the Plaintiff posted a letter of “G” on the bulletin board of the online community community online (D), and received a disposition of fine of KRW 700,000 from the office of the branch office of the branch office of the Suwon District Prosecutors’ Office, on October 5, 2015, the Plaintiff received a disposition of 70,000 won from the office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of Gyeonggi-gun (hereinafter “instant disposition”). The Plaintiff posted a letter of “G” on the bulletin board of the above paragraph (1) at around 02:37, the office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office.

C. On August 5, 2016, the Plaintiff filed a petition for review seeking revocation of the instant disposition with the Ministry of Personnel Management, but the Appeal Commission dismissed the Plaintiff’s claim on November 16, 2016.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 20, and Eul evidence 3.

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