(영문) 서울고등법원 2021.02.04 2020나2027592

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(영문) 서울고등법원 2021.02.04 2020나2027592

징계처분취소 등

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The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The purport of the claim and the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited this case is that the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for the dismissal of some contents as follows, and thus, this part of the judgment is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act. However, among the plaintiff's claims, the part against the defendant's claim seeking the revocation of disciplinary action against the defendant on July 10, 2018 is not appealed by the defendant.

[Attachment] Except for the face table No. 4 of the judgment of the first instance, Article 2(3) of the first instance judgment "Article 2(3)" is raised as "Article 3(3)."

The first instance judgment from 10 pages 20 to 11 pages 7 are as follows.

“1) Due to the instant disciplinary action, the Plaintiff suffered a loss due to the Plaintiff’s failure to receive welfare allowances equivalent to KRW 10,514,700 in total from July 2018 to August 7, 2020, which was submitted a written retirement from July 2018.

In addition, the plaintiff suffered mental suffering due to the illegal disciplinary action of this case and the publication of the report of the re-preparation of this case. The defendant should pay 20,000,000 won in total (i.e., 10,000,000 consolation money related to the re-preparation of this case).

2) Therefore, the Defendant is obligated to pay to the Plaintiff a total of KRW 30,514,700 ( KRW 10,514,700, KRW 20,000, KRW 20,000, KRW 20,000) and damages for delay.

In light of the facts acknowledged earlier, the instant disciplinary action is only revoked due to procedural defects, and is in line with the following. See 13, 19, 19, 20, 20, 300,000,000,000,000,000,000,000,000

In light of the evidence evidence evidence Nos. 30 and 31 in addition to the facts acknowledged earlier with respect to the instant case, the instant disciplinary action is merely a procedural defect, and Article 9-4 of the Criminal Procedure Act provides that the Defendant’s affiliated engineers shall be subject to the disciplinary action.

유사 판례

-광주지방법원 2018.10.17 2018나53022

-수원지방법원 2019.05.22 2018나66548

-서울고등법원 2019.08.22 2018나2031406

-대구지방법원 2020.02.06 2019나305913

-서울고등법원 2019.05.31 2018나2068422