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(영문) 광주지방법원 2019.03.28 2018구합12114
강등처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff was newly appointed as a local fire assistant on February 19, 1990 and then promoted to the local fire assistant on July 4, 2005. On August 3, 2015, the Plaintiff was promoted to the local fire assistant and served as C of the 119 Overall Situation of the fire headquarters after being promoted to the local fire assistant order and served as C of the 119 Overall Situation of the fire headquarters on August 3, 2015, and served as the head of the on-site response group.

B. On December 21, 2016, the Plaintiff was indicted as the facts charged regarding the indication of the intent to offer a bribe as follows. On November 16, 2017, the Plaintiff was convicted of a fine of KRW 7 million in the Gwangju District Court 2017No846, a surcharge of KRW 5 million, and the said judgment became final and conclusive around that time.

The plaintiff is the local fire fighting headquarters of the B local government, and E is the head of the local fire fighting headquarters of the B local government and has overall control over personnel affairs such as performance evaluation, promotion, etc. of local fire fighting officers belonging to the B

On December 10, 2014, at around 15:00 on December 15: 10, 2014, the Plaintiff: (a) placed an envelope containing KRW 5 million in cash on the books of the head of the headquarters of the headquarters of the headquarters of the headquarters of the headquarters of the headquarters of the E-B local governments on the pretext of a solicitation for performance assessment and promotional personnel; and (b) expressed the intent of offering of bribe in relation to the duties

C. On March 7, 2017, the Defendant issued a dismissal and a disposition of one-time surcharge (five million won) against the Plaintiff on the ground that “the Plaintiff committed the above crime, thereby violating Articles 53 (Duty of Integrity) and 55 (Duty of Integrity) of the Local Public Officials Act, and Article 16-2 (Prohibition of Offering Money and Valuables, etc.) of the Code of Conduct for Public Officials of the Local Government.”

On May 14, 2018, the Plaintiff dissatisfied with the request for review of the appeal to the local appeals review committee of the local government B, and the said committee may change the dismissal disposition among the above dispositions on the grounds that it is necessary to reduce the dismissal disposition that deprives a public official of his status, and seek the cancellation of the disposition of disciplinary surcharge.

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