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(영문) 서울행정법원 2021.01.22 2019구합65924
정직처분취소
Text

The defendant's disposition of suspension from office against the plaintiff on May 1, 2019 shall be revoked for three months.

Costs of lawsuit shall be borne by the defendant.

Reasons

1. Basic facts including the details of the disposition;

A. From August 1, 2012, the Plaintiff was in office as a clock leader between military sports units B (clock, contract No. 6 of the Ministry of National Defense, and contract No. 6 of the Republic of Korea, and contract No. 1900, a civilian military employee, as a military employee).

The Republic of Korea did not conclude a re-contract with the Plaintiff even though the service period has expired on July 31, 2019, after the instant lawsuit was filed.

B. (1) Around January 2019, the military prosecutor filed a prosecution against the Plaintiff by applying the crime of acquiring a third party bribe and perjury under the Criminal Act, which includes the following disciplinary grounds to the Plaintiff.

2) On May 1, 2019, the Defendant: (a) was subject to disciplinary action against the Plaintiff on the premise that the following disciplinary grounds are recognized as true (hereinafter “instant disciplinary action”); (b) the Plaintiff breached the duty of integrity (or giving and receiving gold and entertainment) on December 10, 2013; (c) received money and valuables from the Plaintiff’s agricultural bank account (Account No. 1,000,000,000, KRW 1,000,000, KRW 300,000, KRW 100,000, KRW 2000, KRW 2000 (hereinafter “the Plaintiff’s financial account No. 1,000, KRW 30,0000, KRW 10,0000, KRW 20,0000, KRW 30,0000 (the Plaintiff’s financial account); and (d) received money and valuables from the Plaintiff’s bank account No. 30,000, KRW 100,000,00.

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