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(영문) 광주고등법원 2020.05.22 2019누12622
강등처분취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court’s explanation as to this case is as stated in the reasoning of the judgment of the first instance, except where the plaintiff added the judgment, which is emphasized by the court of first instance, pursuant to Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. Article 66(1) of the former Act on the Prevention of Corruption and the Establishment and Management of the Anti-Corruption and Civil Rights Commission (amended by Act No. 16324, Apr. 16, 2019; hereinafter “the Anti-Corruption and Civil Rights Commission”) provides that “If a reporting person’s criminal act is discovered in connection with the reporting, a punishment may be mitigated or exempted for the reporting person,” and Article 66(2) of the same Act provides that “Article 66(1) shall apply mutatis mutandis to disciplinary action against a public institution.” The Plaintiff voluntarily surrendered in the situation where the act of giving and receiving a bribe by coercion on the part of the G while forced to do so, and the Plaintiff’s offense, such as the Plaintiff’s number, was revealed, so the Plaintiff’s disciplinary action against the reporting person shall be mitigated or exempted in accordance with Article 66

Therefore, the instant disposition was deviates from and abused discretionary power.

B. Article 55 of the Anti-Corruption and Civil Rights Act provides that "any person who becomes aware of an act of corruption may report it to the Commission." Article 56 provides that "a public official shall report it without delay to the investigating agency, the Board of Audit and Inspection or the Board of Audit and Inspection or the Board of Audit and Inspection, where another public official becomes aware of the act of corruption in the course of performing his/her duties or when he/she is forced or proposed to commit an act of corruption." Article 66 of the Anti-Corruption and Civil Rights Act

However, even if the plaintiff is based on facts that he/she recognizes, he/she is the B-Gun Office on July 25, 2016.

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