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(영문) 부산지방법원 2015.07.03 2015구합852
퇴직급여등제한처분취소
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. The Plaintiff was appointed as a police officer on July 30, 1984, and was promoted to the reduction on July 11, 2012, and served in Busan Police Station B from February 10, 2014.

B. On April 11, 2014, the Busan Local Police Agency General Disciplinary Committee decided to dismiss the Plaintiff pursuant to Article 78(1)1, 2, and 3 of the State Public Officials Act on the ground that the Plaintiff violated Articles 56(1), 61(Duty of Integrity), and 63(Duty of Integrity) of the State Public Officials Act due to the Plaintiff’s act of providing money and valuables (five million won) in return for the payment of the horses or the statement of sole responsibility with respect to the control of drinking, etc. on the ground that the Plaintiff violated the said Articles. Accordingly, the Busan Local Police Agency dismissed the Plaintiff on April 21, 2014.

C. On July 30, 2014, the Plaintiff filed a claim for retirement benefits and retirement allowances with the Defendant, and the Defendant announced that, pursuant to Article 64(1)3 of the Public Officials Pension Act and Article 55(1)2 of the Enforcement Decree of the same Act, the Plaintiff’s payment of retirement benefits and retirement allowances shall be limited by reducing the amount of retirement benefits and retirement allowances by 1/4 on the grounds that the Plaintiff constitutes “when he/she is dismissed due

(hereinafter “instant disposition”) D.

Accordingly, the plaintiff filed a request for review with the Public Official Pension Benefit Review Committee, but was dismissed on December 23, 2014.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1, 3, and 8 (including each number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion did not make a motion to the police officer of the case or directed C, a subordinate employee, to resolve the crackdown on drunk driving, and there was no demand for resignation or delivery of money and valuables in return.

On the other hand, Busan Metropolitan City has received twice the official commendation from the head of the Public Security Headquarters, once the official commendation from the Minister of Government Administration, once the Commissioner General of the National Police Agency, and any other 29 official commendation from the Plaintiff.

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