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Cases
2017Nu6291 Disciplinary action and revocation of the imposition of surcharges for disciplinary action
Plaintiff Appellant
A
Defendant Elives
The Minister of Education
The first instance judgment
Seoul Administrative Court Decision 2016Guhap6339 decided July 20, 2017
Conclusion of Pleadings
November 15, 2017
Imposition of Judgment
December 13, 2017
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1. Purport of claim
The Defendant’s removal from office and the imposition of surcharges of KRW 287,901,00 against the Plaintiff on August 25, 2014 are revoked, respectively.
2. Purport of appeal
The part of the judgment of the court of first instance against the Plaintiff regarding the imposition of surcharges shall be revoked. The imposition of surcharges of KRW 57,495,00 against the Plaintiff on August 25, 2014 by the Defendant shall be revoked.
Reasons
1. Acknowledgement of the scope of this court's trial and the judgment of the first instance;
On August 25, 2014, the first instance court revoked only the portion exceeding KRW 57,495,00 among the disposition imposing a disciplinary surcharge imposed on the Plaintiff on August 25, 2014, and dismissed all the claims filed by the Defendant for revocation of the disposition imposing a disciplinary surcharge of KRW 57,495,00 and the Defendant’s claim for revocation of the disposition imposing a disciplinary surcharge of KRW 57,495,00 against the Plaintiff on August 25, 2014. The Plaintiff filed an appeal only against the disposition imposing a disciplinary surcharge of KRW 57,495,00 against the lost portion, and the Defendant did not file an appeal against the lost portion. Accordingly, the scope of the judgment by the court is limited to the claim for revocation of the disposition imposing a disciplinary surcharge of KRW 57,495
The reasoning of this Court concerning this case is the same as that of the judgment of the court of first instance, and thus, it is accepted by Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.
2. Conclusion
Therefore, the plaintiff's claim for revocation of the disposition imposing disciplinary surcharge of KRW 57,495,00 is dismissed as it is without merit, and the judgment of the court of first instance is just as it is concluded, and the plaintiff's appeal is dismissed as it is without merit.
Judges
Mobilization by the presiding judge
Judges Kim Gin-han
Judge Lee Jae-soo