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(영문) 수원지방법원 2019.02.15 2018구합64161
해임처분 및 징계부가금 부과처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff was appointed as a teacher of B elementary school on October 13, 1984, and was promoted to a vice principal of C elementary school on September 1, 2012, and is a public educational official working at D elementary school from September 1, 2014.

Pursuant to Article 8 (2) of the Improper Solicitation and Graft Act (hereinafter referred to as the "Improper Solicitation and Graft Act"), public officials, etc. shall not receive, request, or promise any money, valuables, etc. less than the amount prescribed in paragraph (1) (one million won or three million won in each fiscal year from the same person once) in connection with their duties, regardless of whether they are quid pro quo, and no person shall offer, promise, or express an intention to offer any money, valuables, etc. prohibited to be received to public officials, etc. or their spouse pursuant to paragraph (5) of the same Article.

In addition, Article 61 (Duty of Integrity) of the State Public Officials Act provides that a public official may not give or receive directly or indirectly a reward donation or entertainment in connection with his/her duties.

However, although a discipline accused person, who performs his/her duties as a public official's code of conduct and a person who performs his/her duties for preventing solicitation, is obligated to perform more integrity than other public officials, he/she was visiting the early educational support division of the E Office of Education (hereinafter "the instant support") on November 20, 2017 and completing counseling related to the public recruitment system, and provided money and valuables (one million won in cash) to the support officer who is closely related to the duties and the head who is subject to guidance and supervision, such as the initial educational support division while going into the job evaluation division, after completing counseling related to the public recruitment system.

The act of such disciplinary suspect constitutes a violation of Article 8 of the Act on the Prohibition of Requests for Disciplinary Measures under Article 78 (1) 2 of the State Public Officials Act and Article 61 of the State Public Officials Act and constitutes a person subject to the request for resolution to impose disciplinary charges under Article 78-2 (1) 1 of the State Public Officials Act.

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