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(영문) 광주지방법원 2015.09.24 2015구합868
감봉1월처분취소
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 appointed as a policeman at the Korea Coast Guard on September 28, 1991 and served in the Korea Coast Guard on December 30, 2009, and was promoted to the police station on December 30, 2009. From January 4, 2010 to February 3, 2013, the Plaintiff was engaged in the duties, etc. of directing and managing control personnel in Jindo Coast Control Center (hereinafter “S”), while serving as Jindo Coast Guard (hereinafter “S”). From February 16, 2015 to February 3, 2013, the Plaintiff was serving in the duties, etc. of directing and managing control personnel’s duties.

B. On April 16, 2014, upon the occurrence of the Sewol ferry accident, the Board of Audit and Inspection commenced the investigation and request for disciplinary action by the Board of Audit and Inspection, and around April 16, 2014, the incident occurred where 300 persons died due to the sinking of the sea in the front of Jindo-do (hereinafter “the Sewol ferry accident”). The Board of Audit and Inspection determined that the accident did not properly perform the duty of traffic control of Jindo VTS at the time of the accident, and commenced the investigation of the relevant persons.

On July 30, 2014, the Board of Audit and Inspection notified the Defendant of the commencement of an investigation into the Plaintiff who worked in Jindo VTS prior to the occurrence of the Sewol ferry accident, and conducted a written investigation into the Plaintiff, and on October 10, 2014, the Plaintiff committed the following misconduct, and requested the Defendant to take a disciplinary measure against the Plaintiff on the ground that it constitutes a cause for disciplinary action:

[Grounds for the request for disciplinary action by the Board of Audit and Inspection] On April 22, 2010, the Commissioner of the Korea Coast Guard prescribed that B shall direct and manage control personnel's duties in accordance with the provisions of Article 12 of the Rules on the Operation and Management of the Coastal Sea Traffic Control System (hereinafter "the Rules of this case") by dividing the control area of Jindo VTS into two dial-a-a-the-spots, designating a control manager by dial-a-the-jobs, and allowing B to take charge of the duties of the control personnel.

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