1. Revocation of a judgment of the first instance;

2. The Defendant’s disciplinary action against the Plaintiff on December 17, 2012 shall be taken for two months of suspension from office.

1. Details of the disposition;

A. At the time of November 4, 1998, the Plaintiff was appointed as the head of B post office on the recommendation of designee D who established and operated a special post office B belonging to Busan Regional Administration.

B. The Plaintiff transferred the total amount of commission for performing business deposited into B post office fund accounts (the head of the bank office B) to the Plaintiff’s individual account, and then transferred the total of KRW 70-9 million each month from January 9, 2004 to August 25, 2011 to D in total of KRW 90 million. ② From October 201 to April 201, the Plaintiff paid KRW 2.8 million in cash from October 201 to April 2012.

C. On December 17, 2012, the Defendant took a disciplinary measure against the Plaintiff for two months of suspension from office on the grounds as indicated below:

(hereinafter “instant disposition”). The Plaintiff paid KRW 73,70,000,000,000 of the commission for performing duties deposited into the account of B post office public funds to D in return for the appointment of the head of a special post office.

This is a violation of Articles 17 and 18 of the Regulations on the Personnel Management of Special Post Office Employees, and constitutes an act contrary to this portion as a public service trustee under Article 36 (1) 3 of the same Regulations or an act significantly impairing dignity.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 6, Eul evidence 7, Eul evidence 11, Eul evidence 12 and the purport of whole pleadings

2. The plaintiff's assertion

A. The commission for performing the duties of a special post office is not limited to the use related to the performance of the duties of the special post office, and is not paid to D as the remuneration for the appointment of the special post office. Thus, the Plaintiff’s act of transferring or paying the commission for performing duties of KRW 73.7 million to D does not fall under the grounds for disciplinary action under Article 36(1)3 of the Rules on

B. The Defendant did not limit its use or point out its use for any purpose other than that of the performance of the duties of a special post office.