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(영문) 수원고등법원 2019.07.24 2019누10678
해임처분취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as follows, except for the case where the attached Form of the judgment of the court of first instance is replaced by the attached Form of the judgment of the court of first instance. Thus, it is acceptable to accept it as it is by Article 8(2) of the Administrative Litigation Act and the main sentence of

Forms 11 through 10 of title 4 shall be as follows.

(A) Article 8(1) of the former Regulations on Discipline and Appeal against Local Public Officials (amended by Presidential Decree No. 29698, Apr. 16, 2019) (amended by Presidential Decree No. 29698, Apr. 16, 2019) provides that “The criteria for the determination of disciplinary action, etc. shall be prescribed by Ordinance of the Ministry of Education, the Ministry of Government Administration and Home Affairs or Ordinance of the Ministry of the Interior,” and Article 2(1) of the former Rules on Discipline of Local Public Officials (amended by Ordinance No. 69, Jul. 30, 2018) delegated by him/her provide the criteria for disciplinary action under [Attachment 1]. However, according to Article 2 of the Addenda of the above Rules, the criteria for disciplinary action under [Attachment 1] does not apply to public officials whose disciplinary action occurred before August 31, 2016, which is the enforcement date of the above Rules on Disciplinary Action. Thus, the criteria for disciplinary action in this case applied before the enforcement date of the above Rules on disciplinary action.

(B) Article 2(1) [Attachment 1] and [Attachment 1-2] of the same Act and [Attachment 1-2] are individual standards for disciplinary decision. (B) Next, the instant disposition is within the scope of the criteria for disciplinary decision prescribed in Article 2(1) [Attachment 1] and attached Table 1-2.

Article 2. of the Rules of this case

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