Where a person is found not guilty in a criminal case against the grounds for disciplinary action after the disciplinary action, whether the disciplinary action is automatically null and void.

If the first instance court rendered a conviction in a criminal case against the disciplinary cause after the disciplinary action was taken, but the appellate court rendered a judgment of innocence, and this judgment became final and conclusive by the Supreme Court, it can be deemed unlawful by taking the facts without grounds of the disciplinary action as grounds for disciplinary action, but it cannot be said that the defect is objectively obvious. Therefore, the disciplinary action does not necessarily become null and void.

Articles 38 and 19 of the Administrative Litigation Act

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Park Jae-soo et al., Counsel for plaintiff-appellant)

[Judgment of the court below]

Head of Permanent Railroad Office

Daegu High Court Decision 92Gu597 delivered on June 2, 1993

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

The grounds of appeal are examined.

1. As to the first ground for appeal

According to the reasoning of the judgment below, the court below rejected the plaintiff's assertion that the disciplinary action in this case was void on the ground that the plaintiff was given an opportunity to make a written statement in the procedure of the disciplinary action in this case, and even if there was any illegality in the procedure and determination of the disciplinary action in this case, such a reason is only a reason for revocation, and it does not constitute a reason for invalidation.

In light of the records, the above judgment of the court below is just and acceptable, and there is no violation of law. We do not agree with the reasoning.

2. On the second ground for appeal

As determined by the court below, the defendant neglected the plaintiff's duty of care as a tallyman and caused the train to start without opening the tallyman air poppy, and thereby making the train rapid from the power far away from the power. On the other hand, the defendant was convicted of the plaintiff in the first instance court as a criminal case after the above disciplinary action was taken, but the judgment of not guilty was rendered at the appellate court, and this judgment became final and conclusive by the Supreme Court, it cannot be said that the defect of this case's disciplinary action is objectively obvious, and it cannot be said that the ground for the disciplinary action is null and void (see Supreme Court Decision 89Nu4963 delivered on September 26, 1989).

The judgment of the court below to the same purport is just, and there is no error in the misapprehension of legal principles or incomplete hearing as pointed out in the theory of lawsuit.

3. Therefore, the appeal is dismissed and all costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Jong-ju (Presiding Justice)