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(영문) 대법원 2017.12.22 2016두38167
강등처분취소
Text

The judgment below is reversed and the case is remanded to Seoul High Court.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal on the existence of grounds of disciplinary action

A. Article 56 of the State Public Officials Act provides that “All public officials shall observe the laws and regulations and perform their duties faithfully.”

The duty of good faith is the most fundamental and important duty imposed on public officials, and its content is that the duty of good faith shall be faithfully performed by filling the personality and conscience in order to promote the public interest as much as possible and prevent the disadvantage.

(See Supreme Court Decisions 88Nu3161 Decided May 23, 1989; 2017Du47472 Decided November 9, 2017, etc.). B.

According to the reasoning of the judgment of the first instance cited by the court below, the following facts are revealed.

(1) The Plaintiff worked in D office E from the date B to the date C, and performed the work of assisting the Minister of Foreign Affairs and Trade with respect to the internal and external affairs and negotiations related to energy resources diplomacy, as the Government Organization Act was amended by Act No. 11690 on March 23, 2013, and its name was changed to the Ministry of Foreign Affairs and Trade (hereinafter “Ministry”) from the F date to the G date.

(2) On April 26, 2006, K corporation (hereinafter “L”) as indicated in the judgment of the court below, in which I is the representative director, obtained the right to explore Damond mineral deposits located in Qu district (hereinafter “instant mineral deposits”) from the K government on April 26, 2006, and explores the multimond store quantity of the instant mineral deposits.

[I] J Co., Ltd. (hereinafter referred to as “J”).

[2] M Co., Ltd. (hereinafter “M”)

(3) around November 2008, I requested the Plaintiff to provide support and cooperation at the government level with respect to the instant mineral deposit development project. The Plaintiff, through various means, provided that I can be granted the right to develop mineral deposits from the K government.

(4) K.K.

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