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(영문) 수원지방법원 2021.01.28 2020구합62458
징계처분 취소 청구
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff was newly appointed as a local public official on September 10, 1990, and served as the head of the public health center B in Si/Gu, from March 7, 2019 to Si/Gu, after promoting the local administrative officer as a local public official on August 12, 2017.

Irregular Matters

A. Where standards and procedures are prescribed by relevant Acts and subordinate statutes, municipal ordinances, rules, etc. in the course of executing the budget, a public official in charge of contracting affairs shall comply with the procedures and standards and execute the budget. However, when compiling the budget in 2019, the Plaintiff did not conclude a contract before the construction work (purchase) while “Cheong Private Environment Maintenance and Construction Work” and “private production and construction work (purchase) is performed,” and the Plaintiff is unable to conclude a contract during the period of business suspension (Article 83 subparag. 3 of the Framework Act on the Construction Industry). C (the number of technical personnel) is unable to meet the standards for registration of construction business under Article 83 subparag. 3 of the Framework Act on the Construction Industry (Article 83 subparag. 26 to June 10, 2019) with the construction work (Article 20,000,000 won to KRW 5,000,000,0000 and KRW 5,000,0000,000).

B. A public official with unfair business instruction should not exceed the scope of his duties and demand unfair instructions from a public official related to his duties by exercising his/her authority, etc., the Plaintiff, without prior discussion with E (public official in charge) and F (the team leader) to select the person himself/herself and, without entering into a contract, had him/her perform the construction work (the construction of goods) without entering into a contract, and completed the construction work.

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