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(영문) 광주지방법원 2018.05.31 2017구합640
정직처분취소
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. On Aug. 14, 1996, the Plaintiff was appointed as a public official of the Jeonnam-gun as of Feb. 1, 200, and transferred from Jan. 19, 2012 to the Jeonnam-gun (Seoul-gun), and served for welfare administration as a local social welfare assistant at the Myeon Office of the Jeonnam-gun (Seoul-gun), and was promoted to the local social welfare assistant on Jan. 3, 2013. From Feb. 9, 2015, the Plaintiff served for the Newnam-gun C from Feb. 9, 2015.

B. On December 30, 2016, the Defendant deemed that the Plaintiff violated Article 48 (Duty of Fidelity) of the Local Public Officials Act for the following reasons, and accordingly, issued a disciplinary measure for one month of suspension from office against the Plaintiff (hereinafter “instant measure”) pursuant to Article 69(1) of the Local Public Officials Act.

Public officials in charge of collection of agricultural wastes and payment of compensation shall be obligated to pay subsidies to farmers who collect agricultural wastes as incentives for collection, and to distribute such subsidies to farmers, etc. who collect agricultural wastes in the Korea Environment Corporation, if they receive compensation payments from the Korea Environment Corporation.

On May 17, 2012, the Plaintiff, together with D, embezzled KRW 3,294,00,000 in total by five times until February 18, 2013, for example, by stating that “a single passbook is required to be created.” On May 17, 2012, the Plaintiff: (a) received a post office in the name of E (E) from E; and (b) embezzled KRW 2,250,000 in the amount of the collection incentive in the occupational storage as above at the reclamation site located in the new Gun G, Gun; and (c) embezzled the amount of KRW 3,294,00 in total by five times until February 18, 2013, such as transfer to the head of the said F.

C. The Plaintiff dissatisfied with this, filed a petition review with the Seoul Metropolitan Appeals Commission, and the Seoul Metropolitan Appeals Commission dismissed the petition on April 24, 2017.

On the other hand, on August 4, 2016, the Plaintiff was subject to a disposition of suspension of indictment against the above embezzlement by the Mapo-si Office of the Gwangju District Prosecutors' Office.

[Reasons for Recognition]

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