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(영문) 광주지방법원 2020.01.23 2019구합12739
감봉처분취소
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. On June 1, 1989, the Plaintiff was appointed as a local fire assistant on January 11, 201, and was promoted as a local fire assistant on January 11, 201. From August 29, 2014 to November 27, 2018, the Plaintiff served in Gwangju Fire assistant B.

B. On February 1, 2019, the Defendant, subject to a resolution by the Fire Officials Disciplinary Committee, rendered a disposition of reduction of salary and imposition of a surcharge (300,000 won) on the Plaintiff for the following reasons (hereinafter “instant disposition”).

1. According to Article 8(5) of the Act on the Prohibition of Improper Solicitation and Grafts, Etc. (hereinafter “Improper Solicitation and Graft Act”), anyone shall not provide, promise to, or express an intention to, any money or valuables prohibited from being provided to public officials, etc.

- However, on September 19, 2018, the Plaintiff presented 100,000 won for each team from C on September 20, 2018, which was following the date when the Plaintiff presented 10,000 won for each team from September 20, 2018, to the head of the D team, and sent 20,000 won for 10,000 won for 10,000 won for 100 won for 10,000 won for 1 team employees to 10,000 won for 1 team employees and 10,000 won for 1 team employees. The Plaintiff sent to the Plaintiff on September 21, 2018, which was the first day for 1 team employees to 1 team members.

- 10,00 won remaining after withdrawal of a total of 110,00 won, such as the Plaintiff, G, H, I, J, K, K, L, M, E, N, andO, was managed as team costs.

- On September 21, 2018, the Plaintiff sent 300,000 won to P, an agent, at the night shift hours of the 1,3 team, “100,000 won to create KRW 300,000,000,000 to be futures of the head of the center,” and sent 30,000,000 won to the Plaintiff by having P pay 3 team expenses to the 1 team E.

- On September 21, 2018, the Plaintiff 1, 2, and 3 teams each of KRW 100,000,000 shall be KRW 30,000.

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