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(영문) 창원지방법원 2017.01.10 2015구합23166
징계처분취소
Text

1. On July 20, 2015, the Plaintiff stated the purport of the claim in the complaint on July 23, 2015, but subparagraph 1 of the Plaintiff’s evidence.

Reasons

1. Details of the disposition;

A. From December 4, 2012 to October 19, 2014, the Plaintiff is a person who had served as Changwon-si D (Local Technical Secretary) in Changwon-si from October 20, 2014 to October 20, 2014.

B. On February 20, 2014, the Changwon market approved the housing construction project plan with respect to the E-district urban development project as follows:

(hereinafter “Approval for the instant housing construction project plan”); GF

C. On March 23, 2015, from March 23, 2015 to May 29, 2015, the Inspector Office of Gyeongnam-do requested the Plaintiff to take a disciplinary measure against the Plaintiff by notifying the Defendant of the audit results.

On July 6, 2015, on the ground that the Plaintiff violated Article 48 (Duty of Fidelity) of the Local Public Officials Act, the Gyeongnam-do Personnel Committee decided on March 2015 that the Plaintiff was subject to the disciplinary action of salary reduction for three months. On July 20, 2015, the Defendant was subject to the disciplinary action of salary reduction for three months against the Plaintiff.

(hereinafter “instant disposition”) . (1) The illegal approval of the housing construction project plan without a prior approval of the Do Governor (hereinafter “the first disciplinary ground”).

(2) On December 17, 2013, when an asset trust and Hyundai Construction Co., Ltd. apply for approval for a housing construction project plan (H apartment) with a total floor area of 242,835 square meters and a number of 1,665 households in the E-Si, Changwon-si, for a housing construction project plan (H apartment), the housing construction project plan was unfairly approved on February 20, 2014 without prior approval from the Do Governor in accordance with the relevant laws and regulations although prior approval from the Do Governor was obtained, the unfair application of the standards for mitigation of ecological area (hereinafter “the ground for disciplinary action 2”) provides that the maximum number of floors shall be mitigated by 25 floors each time the ecological area ratio is secured by more than 30%, and the maximum number of floors shall be mitigated by 5%.

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