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(영문) 서울행정법원 2021.03.30 2019구합81711
면직처분
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. On April 21, 2018, the Plaintiff was appointed as a court administrative agency B, and served as a probationary official by April 21, 2019.

B. From September 15, 2018 to December 15, 2018, the Plaintiff received a written warning from the Defendant on the ground that the aforementioned act violated Article 64(1) of the State Public Officials Act and Article 10(2) of the Act on the Prohibition of Illegal Requests and Money and Valuables, Etc. (hereinafter “Improper Solicitation and Graft Prohibition Act”), from September 15, 2018 to December 15, 2018.

(c)

On April 5, 2019, the Plaintiff received a notice from the Court Probation Official Review Committee (hereinafter “Review Committee”) to the effect that he/she will attend and state his/her opinion on the decision on whether to appoint a regular public official. On April 11, 2019, the Plaintiff appeared at the Review Committee to state his/her opinion, but the Review Committee resolved to dismiss the Plaintiff.

(d)

On April 16, 2019, the Defendant made a disposition of dismissal against the Plaintiff on April 21, 2019 (hereinafter “instant disposition”) to dismiss the Plaintiff as a person on April 21, 2019 pursuant to Article 29(3) of the State Public Officials Act.

The defendant issued to the plaintiff on the same day an explanatory note on the ground for dismissal from office (hereinafter referred to as the " explanatory note on the ground for dismissal from office") pursuant to Article 75 (1) of the State Public Officials Act, and the written resolution of the review committee cited by the explanatory note on the ground for dismissal from office is difficult to expect that the plaintiff will faithfully perform his duties in the future when comprehensively judged the evaluation of service performance, service attitude, public service officials, etc. during the period of appointment from office for the plaintiff.

The decision is judged.

"........."

E. On May 2019, the Plaintiff appealed and filed a request for review of an appeal with the competent appeals review committee. However, the competent appeals review committee dismissed the Plaintiff’s request on June 18, 2019.

[Recognition.]

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