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(영문) 서울행정법원 2017.06.15 2016구합71775
경고처분취소
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 April 30, 2010, the Plaintiff was appointed as a probationary report for local administrative officials in Seoul Special Metropolitan City and served in the Seoul History Museum, the Seoul Planning and Coordination Office B, and the Urban Safety Office C, etc. from January 15, 2014.

B. On May 6, 2015, the Chairperson of the Seoul Northern District Public Prosecutor’s Office (hereinafter “Seoul Northern District Public Prosecutor’s Office”) requested a resolution on disciplinary action against the Plaintiff on November 3, 2015 on the ground that he/she violated the duty to maintain dignity under Article 55 of the Local Public Officials Act in the Second Personnel Committee of Seoul Special Metropolitan City as grounds for disciplinary action.

On December 23, 2015, the Seoul Special Metropolitan City Second Personnel Committee decided to reprimand the plaintiff, and accordingly, the defendant issued a reprimand against the plaintiff on January 8, 2016 for the following reasons.

On March 29, 2015, the Plaintiff, in the process of concluding a dispute over the issue of the payment of braille and clothes repair costs in the E store located in Jung-gu Seoul, Jung-gu, Seoul, the Plaintiff was first sealed, but the Plaintiff committed an inappropriate act corresponding to this, thereby causing assault.

However, according to the agreement that it is not possible to punish each other for the crime of violence, it is a violation of the duty to maintain dignity as a public official.

C. On February 4, 2016, the Plaintiff filed a petition review with the Seoul Special Metropolitan City Local Appeals Commission for the revocation of a reprimand, and on April 28, 2016, the Seoul Special Metropolitan City Local Appeals Commission rendered a decision to modify the reprimand disposition on the ground that the Plaintiff received an official commendation in accordance with the criteria for disciplinary action under Article 6(1) [Attachment Table 5] of the Seoul Special Metropolitan City Rules on Disciplinary Action against Local Public Officials, etc., the reprimand disposition was mitigated.

(hereinafter referred to as the "disposition of this case"). [The grounds for recognition] dispute.

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