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(영문) 광주지방법원 2014.07.24 2013구합2921
해임처분 취소
Text

The defendant's dismissal disposition against the plaintiff on April 5, 2013 shall be revoked.

Costs of lawsuit shall be borne by the defendant.

Reasons

1. Basic facts

A. On September 1, 1987, the Plaintiff was appointed as an official professor B and a full-time lecturer at the Jeonnam University, a national university, as a full-time lecturer, and was promoted to the associate professor on October 1, 1989 and the associate professor on October 1, 1993. The Plaintiff was promoted to the associate professor on October 1, 1998 and is currently serving as B and the professor until now.

On October 2009, the Plaintiff was selected as a candidate for deliberation committee members of the Design Evaluation Deliberation Committee composed of the following to deliberate and assess the eligibility for design bid documents, design score, etc. of C Corporation ordered by the Korea Land and Transport Administration (hereinafter “instant construction”).

At the time, the number of university professors such as the Plaintiff is one member of the design evaluation review committee (hereinafter referred to as the “review committee member”) who is scheduled to be commissioned as the Plaintiff, and the candidates, including the Plaintiff, are five (4 private universities and one national university).

On October 12, 2009, the Plaintiff was commissioned as a deliberation committee member from among the above five candidates through the random lottery.

B. After the Plaintiff was commissioned as a review committee member, the Plaintiff performed the deliberation and assessment for the selection of successful bidders of the instant construction project, including granting design evaluation points to Oct. 16, 2009. On Oct. 16, 2009, upon deliberation on the design evaluation of the instant construction project, the Plaintiff given the first instance design evaluation points for the “structure” field of design documents submitted by the construction consultation committee.

Plaintiff

The deliberation committee composed of members, etc., passed a resolution on October 16, 2009 on matters to be deliberated and closed, and all the duties of the plaintiff as members of the deliberation committee were completed.

Upon the bid of the instant construction project, the Plaintiff received KRW 20 million from the employee D of Daewoo Construction Co., Ltd., a constituent company of the Treatment Construction consortium, with an indication of the audit of the performance of its duties as a review member, around March 2010.

(C) under the following, “the acceptance of money and valuables of this case”

The defendant's disciplinary action on 2013.

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