1. The plaintiff's claim is dismissed.

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

Details of the disposition

The plaintiff was appointed as the Inspector on April 11, 2008 and was ordered as the Living Safety Traffic Department from February 10, 2014 to B police station's Living Safety Traffic Department, and served as the Acting Judge of the Living Safety and Transportation Department and the head of the Living Safety Department.

Police officers shall observe all relevant Acts and subordinate statutes, perform their duties faithfully, and shall not do any act detrimental to their dignity regardless of whether they are inside or outside their duties. In particular, even though the chief of life safety division (Reduction C) around July 16, 2014, around 22:30, when a police officer required to control drinking driving as a police officer, left for the personnel of local police officers. On the same day, the head of the food safety division (Reduction C) was discovered by the employees of the local police station. On the same day, the food officer was discovered by the police officer at the Dong-gu, Gwangju-gu, by using the Plaintiff’s mountain (D) in the state of 0.073% alcohol concentration after drinking 10 pops and being mixed with the beer, while driving about 9.7 km from the Plaintiff’s office in the B police station to Dong-gu, Gwangju-gu, Gwangju-gu.

On July 30, 2014, the Defendant issued a disposition of suspension for three months against the Plaintiff on the ground that the Plaintiff’s act of misconduct (hereinafter “instant misconduct”) following the resolution of the General Disciplinary Committee of the Jeonnam Provincial Police Agency violates Article 56 (Duty of Good Faith), Article 57 (Duty of Good Faith), and Article 63 (Duty of Maintenance of Dignity) of the State Public Officials Act and constitutes grounds for disciplinary action under Article 78 (1) 1 through 3 of the same Act.

On July 30, 2014, the Plaintiff appealed and filed an appeal review with the appeals review committee of the Ministry of Government Administration and Home Affairs. Article 9 (1) of the State Public Officials Act, which was amended by Act No. 12844, Nov. 19, 2014, effective from November 19, 2014, provides that an appeals review committee shall be established in the Ministry of Personnel Management to review and decide on disciplinary action against public officials belonging to administrative agencies and other unfavorable measures or non-performance against their will.