2013Du19721 The revocation of the disposition of reduction of salary;

1-. A;

2

3

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1. Young-dong head of a Gun;

2. The head of Jincheon-gun.

Daejeon High Court (Cheongju) Decision 2012 - 929 decided August 14, 2013

January 23, 2014

The judgment of the court below is reversed, and the case is remanded to Daejeon High Court.

The grounds of appeal are examined.

According to the reasoning of the judgment of the court below, the court below accepted the judgment of the court of first instance, and determined that the Plaintiffs, a local public official, contributed political funds under the pretext of party membership fees to E constitutes grounds for disciplinary action in violation of Articles 55 (Duty to Maintain Dignity) and 57 (Prohibition of Political Activities) of the Local Public Officials Act. According to the relevant legal principles, the above judgment of the court below is just, and there is no error of law as to the

However, according to Article 73-2(1) of the former Local Public Officials Act (amended by Act No. 11396, Mar. 21, 2012), a request for a resolution on disciplinary action, etc. may not be made after two years (five years in the case of giving or receiving money or entertainment, or embezzlement or misappropriation of public funds) elapse from the date on which the grounds for disciplinary action, etc. occur.

According to the reasoning of the lower judgment, the grounds for the disciplinary action against the Plaintiffs are as follows: (a) Plaintiff A transferred KRW 2.70,000,000 to E account for party membership fees by 25 times from May 25, 2007 to May 25, 2009; and (b) Plaintiff B donated political funds from May 20, 2005 to May 20, 2009.

26. From May 25, 2007 to October 26, 2009, Plaintiff C contributes political funds by transferring 620,000 won in total to E-party membership fees through the method of fund transfer to E-party membership fees. From May 25, 2007 to September 25, 2009, Plaintiff C transferred 290,000 won in total to E-party account as party membership fees and contributed political funds, and Plaintiff D transferred 440,000 won in total from January 26, 2007 to E-party membership fees through 36 times from October 26, 2009, the lower court erred by misapprehending the legal principles on disciplinary action against the Plaintiffs during the period of 20 years prior to the lapse of 10,000 won, which affected the statute of limitations for disciplinary action, and thus, the lower court erred by misapprehending the legal principles on the grounds for disciplinary action against the Plaintiffs on June 11, 2010.

Therefore, without further proceeding to decide on the remaining grounds of appeal, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Sang-hoon

Justices Shin Young-young

Justices Kim Yong-deok

Justices Kim So-young