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(영문) 수원지방법원 2017.12.14 2017구합795
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 police officer appointed as a policeman on January 7, 1989 and promoted to the Republic of Korea on November 28, 2014. From January 29, 2016, the Plaintiff is a female juvenile at the Gyeonggi-nam Provincial Police Agency B police station, and female juvenile community.

B. On November 1, 2016, the Defendant, following a resolution of the General Disciplinary Committee on Police Officers, was subject to a disciplinary measure for one-month suspension against the Plaintiff on the grounds of the grounds of the grounds for the disciplinary measure specified below (hereinafter “instant disciplinary measure”).

A shall be outlined.

A. On July 13, 2016, on the second half of the year, the head of the 112 situation office upon receipt of the personnel order, and the head of the 112 situation office of the 112 situation office, reported falsely that the female employee belonging to C (which was suffering from sexual misconduct) and the head of the Da would wish to move, and that the head of C would be subject to short-term personnel management, so that he would re-examine his own opinion, he was sent the letter's instructions on July 13, 2016, and then he unilaterally notified the damaged female and the police D on July 13, 2016, that he would go to his own.

B. On July 13, 2016, around 17:10 on July 13, 2016, there was a violation of the direction to eradicate sex-related misconduct, such as taking personnel measures against both female employees and the police D who were in school with his/her own will.

A person who violates Article 56 (Duty of Fidelity) or 63 (Duty of Good Faith) of the State Public Officials Act and falls under grounds for disciplinary action prescribed in each subparagraph of Article 78 (1) of the same Act and is subject to suspension from office for one month under Article 16 of the Decree on Disciplinary Measures against Police Officials.

C. On November 2016, the Plaintiff appealed and filed a petition review with the appeals review committee. On February 9, 2017, the appeals review committee made a decision to change the period of one month of the above suspension from office into two months of the reduction of salary for the above suspension from office.

(hereinafter referred to as "instant disposition" for a disciplinary measure that has been changed to 2 months for reduction of salary according to the above decision. [Grounds for recognition] There is no dispute, each entry in the evidence Nos. 1 and 2, and the purport of the whole pleadings.

2. The defendant alleged by the parties.

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