logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2019.09.05 2019구합61724
해임처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Circumstances and details of the disposition;

A. The Plaintiff, as a medical specialist within the internal medicine branch, was assigned to the Health and Medical Service Center in Chungcheongnam-Namnam on April 11, 2016 and served as a public health doctor, and worked as C branch from January 1, 2018 to April 19, 2018, and worked as D branch from April 20, 2018 to March 26, 2019.

(Plaintiff was discharged on April 18, 2019 when serving as social work personnel in Seoul regional military manpower office after losing the status of a public health doctor due to the following dismissal.

Pursuant to Articles 78 and 78-2 of the State Public Officials Act on March 26, 2019, the Defendant stated that the Plaintiff was dismissed and imposed three times the disciplinary surcharge (the amount of the disciplinary surcharge of KRW 4,588,800) against the Plaintiff (the amount of the disciplinary surcharge of KRW 1,529,600) as follows, and did not directly state “the amount of the disciplinary surcharge of KRW 4,529,60,” but the amount of KRW 1,529,60 is “the subject amount” and the amount of the disciplinary surcharge of KRW 4,58,80 (the amount of the surcharge of KRW 1,529,60) imposed on the Plaintiff was three times the subject amount of the disciplinary surcharge of KRW 4,58,80 (the amount of the surcharge of KRW 1,529,600 x 3).

Around April 2016, the Plaintiff entered into a research service contract with the E Co., Ltd. without the approval of the head of the Health and Medical Services Center (E Co., Ltd.) on his/her own. The Plaintiff accessed the regional healthcare information system in which the patient’s treatment details are stored and inquired about the 20 medical history of patients with urology and mecology patients, and received 1,529,600 won from E on September 20, 2016.

Article 60 of the State Public Officials Act - Duty of integrity under Article 61 of the State Public Officials Act

C. The plaintiff was above B.

The appeals review committee has filed an appeal review with the Ministry of Health and Welfare regarding each disposition under this paragraph, the appeals review committee of the Ministry of Health and Welfare reduces the dismissal of the plaintiff on May 15, 2019 by a three-month suspension from office, and this case.

arrow