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(영문) 서울행정법원 2018.12.06 2018구합67237
징계처분취소
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. The Plaintiff is a certified judicial scrivener who acquired a certified judicial scrivener’s license on April 2, 2002 and operated the Gangseo-gu Seoul Metropolitan Government B Buildings and C’s office.

B. On February 6, 2017, the Defendant requested the Seoul Southern District Judicial Scriveners Disciplinary Committee to take disciplinary action against the Plaintiff on the following grounds (hereinafter “instant disciplinary action”). On October 17, 2017, upon deliberation and resolution by the said disciplinary committee, the Defendant issued a expulsion disposition against the Plaintiff pursuant to Articles 48(1)1 and 21(2) of the Certified Judicial Scriveners Act (hereinafter “instant disposition”).

Notwithstanding that a certified judicial scrivener shall not lend his registration certificate to another person pursuant to Article 21 (2) of the Certified Judicial Scriveners Act, the Plaintiff:

1. From April 1, 2005 to August 17, 2016, D office personnel receives 79,730,000 won per month from the above office personnel to receive a total of KRW 109,730,000 per month from the above office personnel, including office rent, management fee, electricity fee, and usage of four insurance premiums (710,000 won for the month immediately preceding May 4, 2005) and lends a registration certificate in consideration of the above office operation expenses (710,000 won from the above office personnel).

2. From February 23, 2005 to August 5, 2005, when the office staff members were in the first service at the Plaintiff’s office, to receive KRW 900,000 per month from the above office members and to receive KRW 59,400,000 per month from the above office members and to receive KRW 63,90,000 per month from the above office members until January 31, 2012, and re-employed after dismissal, and then paid KRW 59,00 per month from July 27, 2006 to January 31, 2012.

3. From March 15, 2005 to April 20, 2007, when the F clerical staff was on the part of the Plaintiff’s office, the F clerical staff received total of KRW 57,600,000 per month from the above clerical staff to April 20, 207. From August 8, 2012 to August 17, 2016 when he/she was employed again after dismissal, he/she leased the registration certificate in consideration of the total of KRW 82,60,000 per month from the above clerical staff to receive KRW 57,60,000 per month from the above clerical staff to receive KRW 82,60,000 per month.

4. G office personnel.

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