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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. The Plaintiff was appointed as Grade B National Intelligence Service Class VII and promoted to C administrative agencies (specific Grade IV). From D to D, the Plaintiff served as an administrative officer in charge of the National Intelligence Service.
B. The Defendant, around June 2015, audited the adequacy of the budget execution with respect to public works and investigation activities promoted by the Plaintiff for one year from the regular audit of the E branch, conducted an inspection and investigation with respect to the Plaintiff from July 2015 to December 2015, and subsequently referred it to the High Disciplinary Committee held on December 22, 2015, but the said Disciplinary Committee’s members decided that the conclusion cannot be made.
C. On December 28, 2015, the Defendant conducted an additional inspection and investigation with respect to the Plaintiff, and on January 8, 2016, the Defendant requested the High Disciplinary Committee to make a resolution on the second disciplinary action. On January 19, 2016, the members of the said Disciplinary Committee decided on the grounds that the Plaintiff violated Article 356 of the Criminal Act, Articles 56 (Occupational Embezzlement), 67 (Duty of Good Faith), 60, and 61 of the State Public Officials Act, and Article 24 subparagraph 1 of the NIS Staff’s Guidelines, on the grounds that the Plaintiff falls under Article 24 subparagraph 1 of the NIS staff Regulations.
Accordingly, on January 20, 2016, the Defendant dismissed the Plaintiff from office and imposed a surcharge for disciplinary action (basic amount of KRW 67,057,383) on the instant disciplinary action.
(hereinafter “instant disposition”). 1. Criminal investigation (2.) 5,950,000 won embezzlement in total of the budget
A. The Plaintiff’s embezzlement of KRW 19,50,000 in the FM budget (grounds of disciplinary action 1) promoted FM for the arrest of the disguised North Korean defectors (from July 2013 to December 2014). The Plaintiff executed FMG for the arrest of the disguised North Korean defectors in cash on the grounds of the remuneration (one million won per month) and the cost of the public works (10 million won per month).
However, the Plaintiff directly delivers the account transfer of KRW 1 million on September 8, 2013 to H (class 5 to a civilian military employee in the military service) who is a public artist in Jae-gu G, and KRW 1 million in cash on December 2013.