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(영문) 서울행정법원 2017.07.07 2016구합8180
강등 및 징계부가금 처분 취소
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 August 14, 1985, the Plaintiff was appointed as a local administrative secretary, and transferred to a local tax office on February 1, 1993. On January 31, 2009, the Plaintiff was promoted to a local administrative officer from February 22, 2011 to July 24, 2014, and served as the head of the Seoul Metropolitan Government Tax Office and B head of the tax team, and from July 25, 2014 to November 4, 2014, respectively.

B. On April 11, 2016, the Seoul Special Metropolitan City Personnel Committee passed a resolution on the imposition of KRW 1.2 million on the grounds that the Plaintiff violated Articles 48 (Duty of Fidelity), 53 (Duty of Integrity), 55 (Duty of Integrity), and Article 20 (Request for Submission of Data) of the Local Public Officials Act, Article 69 and Article 69-2 of the Local Public Officials Act, Article 19 of the Seoul Special Metropolitan City Administrative Audit Rules, Article 2 and Article 5 of the Seoul Special Metropolitan City Rules on the Disciplinary Action against Local Public Officials, etc.

On October 24, 2014, the Plaintiff accepted KRW 300,000 in cash from D of Korea-free shopping company selected as a tax investigation subject to a tax investigation due to suspicion of local tax evasion, etc.

C. On May 11, 2016, the Defendant imposed a fine of KRW 1.2 million on the Plaintiff for demotion and a disciplinary measure.

On June 30, 2016, the Seoul Special Metropolitan City Appeals Commission rejected a request for an appeal review on the above disciplinary action and made a decision to reduce the amount of disciplinary surcharge to KRW 600,000,000, while the request for appeal review on the above disciplinary action was dismissed.

On May 11, 2016, which was reduced to the above demotion and 600,000 won.

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