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(영문) 서울행정법원 2020.01.09 2019구합68428
해임처분취소
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 May 13, 1994, the Plaintiff was appointed as the Prosecutor General to the Seocho Branch Office of the Chuncheon District Public Prosecutor’s Office on September 1, 1998; the Prosecutor General on March 31, 2003; and the Prosecutor General on November 14, 2016; and the Plaintiff is a state public official who served in the Gangwon District Public Prosecutor’s Office B from July 23, 2018 to October 14, 2018.

B. On December 27, 2018, the prosecutor of the Gangnam Branch Office of the Chuncheon District Prosecutors’ Office indicted the Plaintiff as the following facts charged (hereinafter “instant indecent act”).

On October 2, 2018, from around 18:00 to 21:30, Defendant (Plaintiff) rendered a meeting at the “D” restaurant located in Gangseo-si C, along with the staff of the Gangwon Branch Office of the Chuncheon District Prosecutors’ Office B and E.

On October 2, 2018, the Defendant (the Plaintiff): (a) divided the victim F (the 27-year-old) who was seated on the right side of the Defendant’s port on October 2, 2018, and talked with the victim F (the son will be 10 years of age and 7 years of age; and (b) the victim F will be able to do so; (c) the victim F will be able to do so from 10 years of age and 7 years of age; (d) the victim F will be able to do so with the victim’s left hand; (d) the victim F will have been able to take the part of the victim F’s son’s son’s son’s son and son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son; and (d) the victim’s son’s son’s son’s son’s son.

Accordingly, the defendant (the plaintiff) committed an indecent act by force against the victim F.

C. The Supreme Prosecutors' Office General Disciplinary Committee on February 19, 2019 is a state public official who committed misconduct as follows:

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