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(영문) 서울행정법원 2015.05.08 2014구합15610
직위해제처분및해임처분취소
Text

1. We dismiss the part of the instant lawsuit seeking the cancellation of removal from position.

2. The plaintiff's remaining claims.

Reasons

1. Facts of recognition;

A. On December 19, 1981, the Plaintiff was appointed as the Superintendent General (Grade VII) and served as the Superintendent General of the Correctional Institution from January 1, 201 to June 2, 2013, and from June 3, 2013 to October 21 of the same year.

B. On October 22, 2013, the Defendant removed the Plaintiff from his/her position pursuant to Article 73-3(1)2 of the State Public Officials Act on the ground that the Plaintiff is incapable of performing his/her duties, and on December 27, 2013, the Defendant changed the above removal from position to the removal from position pursuant to Article 73-3(1)3 of the State Public Officials Act (hereinafter “instant removal from position”) on the ground that the resolution of heavy disciplinary action is pending due to the following reasons, and on April 21, 2014, issued a dismissal disposition against the Plaintiff pursuant to Article 78(1) of the State Public Officials Act (hereinafter “instant dismissal disposition”).

1. On August 2013, 2013, the early police officer instructed the C prison rehabilitation and the implementation of a “sports and edification performance for prisoners,” which had personal friendship, to directly interfere with the Ethician belonging to the Diplomatic Association, which had personal friendship, and to plan and implement an event to the AssistantF in charge of social rehabilitation and work, even though he/she instructed the C prison rehabilitation and the implementation of the “sports and edification performance” event plan.

In the course of social rehabilitation, division G, assistant principal F, H, etc. to prepare for an event, he/she listens to a lawsuit that “E pastor has been held at the time of his/her death and held funeral at the time of his/her death, and safeguard organized violence,” and from the end of August 2013.

9. To report this fact to the suspect and make a proposal to revoke his/her edification performance, but disregards this fact, and to support the event even if the Vice-Speaker F was satisfyed on September 23, 2013, E’s contents and visitors do not send part of his/her personal information.

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