logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2016.03.17 2015구합476
해임처분취소
Text

1. The Defendant’s dismissal disposition against the Plaintiff on August 8, 2014 is revoked.

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

Reasons

1. Details of the disposition;

A. The Plaintiff was appointed as a local administrative secretary on November 16, 1992, and served in the office of net Chang-gun Office from October 5, 2007.

B. The Plaintiff was punished by a fine for driving under the influence of alcohol on August 20, 2003, and on April 14, 2007, and thus punished by a reprimand on November 19, 2003 and August 27, 2007. The above disciplinary action was taken by each special amnesty on August 15, 2008, and was subject to the criminal punishment of a fine of three million won for driving under the influence of alcohol on January 13, 2013, and accordingly was subject to the disposition of revocation of a driver’s license.

C. On May 11, 2014, at around 14:05, the Plaintiff was sentenced to a fine of KRW 10 million by the Jeonju District Court on November 7, 2014, on the charge of driving a DNA car in the state of alcohol concentration of about 0.182%, without obtaining a driving license, from around 100 kilometers in front of the main line in the trade name in Jeonju-si, the Plaintiff was sentenced to a fine of KRW 10 million from the Jeonju District Court on May 11, 2014.

(hereinafter referred to as "drinking operation of this case").

On June 27, 2014, the defendant was found to have been aware of the fact that the plaintiff was found to drive alcohol three times or more in the Jeollabuk-do Personnel Committee.

As stated in Paragraph 1, the act of driving under the influence of alcohol in this case violates Article 55 of the Local Public Officials Act (Duty to Maintain Dignity), and deemed that it falls under Article 69(1) of the same Act, and thus requires a heavy disciplinary decision against the Plaintiff. On July 23, 2014, the Governor of the Jeollabuk-do Personnel Committee of Jeollabuk-do recognized all the disciplinary grounds as above. Article 2 of the Local Public Officials Discipline and Appeal Regulations and Article 2(1) [Attached Table 5] of the former Rules on Disciplinary Action against Local Public Officials of the Posi-gun (amended by Rule 1129, Apr. 10, 2014; hereinafter referred to as the “Rules of this case”). The Defendant decided to take disciplinary action against dismissal in accordance with the criteria for disciplinary action against drinking driving under the Labor Committee of Jeollabuk-do. On August 8, 2014.

arrow