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(영문) 서울행정법원 2020.07.23 2019구합84499
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 November 7, 2002, the Plaintiff was appointed as the librarians, and was promoted to the librarians on September 9, 2016. From October 2015 to December 2016, the Plaintiff was in charge of collecting and arranging publications of various levels from the National Archives Center B, which is an institution affiliated with the Ministry of the Interior and Safety, to the collection and disclosure of the National Archives B, and from December 2016, the Plaintiff was in charge of collecting and arranging publications of various levels.

B. Around January 26, 2016, the National Archives was unable to implement a business plan for arranging and registering government publications (hereinafter “instant business”) that remain unregistered in B record repository (hereinafter “instant business”) from February 1, 2016 to December 30, 2016, and the Plaintiff, along with three fixed-term workers, was put into the instant business.

C. On December 6, 2016, the Plaintiff registered “C, etc.,” “D,” and “E, etc. (hereinafter “each of the instant records”) as confidential information in the Central Archives Records Management System of the National Archives (hereinafter “instant registration”).

On May 1, 2019, the National Intelligence Service confirmed that each of the records of this case was registered in the state where the general public can file an application for inspection, and notified the Ministry of Public Administration and Security thereof. The Ministry of Public Administration and Security, around June 10, 2019, followed an investigation into the Plaintiff’s registration of this case, and requested the National Archives to take disciplinary action against the Plaintiff on July 4, 2019.

Accordingly, on July 19, 2019, the Defendant requested the General Disciplinary Committee of the National Archives to make a minor disciplinary resolution regarding the Plaintiff’s instant act of registration, and the General Disciplinary Committee of the National Archives decided on July 26, 2019 as a reprimand against the Plaintiff. On August 7, 2019, the Defendant issued a disciplinary measure against the Plaintiff in accordance with the above decision.

E. Accordingly, the Plaintiff filed an appeal review with the Ministry of Personnel Management, and the said Committee accepted the Plaintiff’s appeal review on October 1, 2019 on the ground that “the disciplinary action is excessive” around October 1, 2019.

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