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(영문) 창원지방법원 2017.01.10 2016구합50042
징계처분취소 청구의 소
Text

1. The Defendant’s disciplinary action against the Plaintiff on July 14, 2015 shall be revoked for three months of salary reduction.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. The Plaintiff worked as the secondary market from July 2, 2013 to July 7, 2014, while performing his/her duties as a proxy for the C market from February 6, 2014 to June 30, 2014, and is currently dispatched as D and currently serving as E.

B. On February 20, 2014, the Plaintiff approved the housing construction project plan with respect to an urban development project of the F District as follows:

(hereinafter “Approval for the instant housing construction project plan”). FG

C. From March 23, 2015 to May 29, 2015, the Inspector Office of Gyeongnam-do conducted a specific audit of a large-scale urban development project in relation to C (hereinafter “instant specific audit”) and around June 16, 2015, notified the Defendant of the audit results, and requested the Plaintiff to take a disciplinary measure against the Plaintiff.

On July 6, 2015, on the ground that the Plaintiff violated Article 48 (Duty of Fidelity) of the Local Public Officials Act, the Gyeongnam-do Personnel Committee decided on March of the reduction of salary for the Plaintiff. On July 14, 2015, the Defendant issued a three-month disciplinary measure against the Plaintiff on July 14, 2015.

(hereinafter “instant disposition”) . (1) The illegal approval of the housing construction project plan without a prior approval of the Do Governor (hereinafter “the first disciplinary ground”).

(2) On December 17, 2013, when an asset trust and Hyundai Construction Co., Ltd. enter into an application for approval of a housing construction project plan (F district H apartment) with the total floor area of 242,835 square meters and the number of 1,65 households in the urban development project zone of the CFF district, the housing construction project plan was unjustly approved on February 20, 2014 without prior approval from the Do Governor in accordance with the relevant Acts and subordinate statutes, although the approval of the housing construction project plan was obtained in advance from the Do Governor. (2) In the relevant Acts and subordinate statutes, at least 30% of the ecological area ratio and at least 5% of the ecological area is secured, the highest number of floors by relaxing the highest number of floors by one floor for at least 25%.

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