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(영문) 서울고등법원 2016.12.15.선고 2016누61015 판결
징계처분취소
Cases

2016Nu61015 Revocation of disciplinary action

Plaintiff Appellant

A

Defendant Elives

Minister of Oceans and Fisheries

The first instance judgment

Seoul Administrative Court Decision 2015Guhap7868 decided August 11, 2016

Conclusion of Pleadings

October 27, 2016

Imposition of Judgment

December 15, 2016

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the first instance shall be revoked. On April 23, 2015, the defendant revoked the disposition twice as to the reduction of salary and the additional disciplinary action against the plaintiff on February 23, 2015.

Reasons

1. Quotation of judgment of the first instance;

The grounds alleged by the plaintiff in the trial while filing an appeal do not differ from the contents alleged by the plaintiff in the first instance court, and even if the evidence submitted in the first instance court is re-examineed along with the plaintiff's assertion, the first instance court's judgment dismissing the plaintiff'

Therefore, the court's reasoning for this case is that " August 9, 2015" under Part 3 of the judgment of the court of first instance is dismissed as " August 19, 2015," and "D is charged as the crime of offering of a bribe" under Part 7 of the judgment of the court of first instance. The court of first instance was guilty on the ground that "A public official of the Ministry of Oceans and Fisheries, including the plaintiff, provided a bribe in relation to the duties of the public official of the Ministry of Oceans and Fisheries in relation to the instruction and supervision of the Korean line of service in the Ministry of Oceans and Fisheries on January 15, 2016," and "A public official of the Ministry of Oceans and Fisheries including the plaintiff, provided a bribe in relation to the duties of the public official in relation to the above part on September 8, 2016 (Article 2014Da365), and the appellate court also dismissed the appeal of D's conviction on the above part on September 8, 2016 (Article 284 of the Civil Procedure Act).

2. Conclusion

Therefore, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit.

Judges

The presiding judge, Ginju

Judges Invitations

Judges Lee Jae-in

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