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(영문) 전주지방법원 2015.06.10 2014구합1373
견책처분취소
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 September 1, 1981, the Plaintiff was appointed as a local public official’s health service, and served as the head of Jinan-gun B from August 20, 2010 to July 2, 2012, and served as the head of Jin-gun C from July 3, 2012.

B. On January 7, 2014, the Governor of the Jeollabuk-do Personnel Committee made a resolution on disciplinary action against the Plaintiff. On January 13, 2014, the Defendant violated Article 48 (Duty of Fidelity) of the Local Public Officials Act (hereinafter “instant disposition”) with respect to the Plaintiff as the grounds for the disciplinary action specified below, and issued a reprimand pursuant to Article 69(1)2 of the Local Public Officials Act (hereinafter “instant disposition”).

Article 48 (Duty of Fidelity) of the Local Public Officials Act provides that “All public officials shall observe Acts and subordinate statutes and perform their duties faithfully.”

Nevertheless, on June 27, 201, the Plaintiff was aware of the fact that it is impossible to exchange the land with the “request for consultation on land to be incorporated into the Jinan Military Medical Center” in accordance with the Land Compensation Act, which notified D and E of the fact that the principle of cash compensation is in accord with the Land Compensation Act, and that it was impossible to exchange the land with the “request for consultation on land acquisition to be incorporated into the Jinan Military Medical Center” on 15 occasions, the Plaintiff should not exchange the land with the land owner at the request of the land owner and apply for a ruling on 4,018 square meters, which was not purchased through consultation. However, in order to file an application for adjudication on a request for adjudication on the land purchase of 5 lots, which was not purchased through consultation, on July 26, 2011, while submitting an application for project approval with the Ministry of Land, Transport and Maritime Affairs on July 26, 2011, the Plaintiff should have the person in charge of the construction of the land to purchase the land by a free contract after having received approval by a private contract.

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