1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Details of the disposition

On April 1, 2000, the Plaintiff was appointed as a local public official in Seoul Special Metropolitan City, and transferred to Jeonnam-do on September 21, 2009.

From October 19, 2009 to April 26, 2010, the Plaintiff temporarily retired from office due to depression. From office July 20, 2010 to November 28, 2010 for cancer surgery and recovery, the Plaintiff temporarily retired from office for aviation cancer treatment from office on April 10, 201 to April 9, 2013.

From April 14, 2014, the Plaintiff was organized at the D Office of Jeonnam-do to C Office on August 1, 2014.

A local public official is serving only as a local public official (hereinafter referred to as "C Office").

On October 2, 2014, the Defendant issued a disciplinary measure against the Plaintiff for three months of suspension from office pursuant to Article 69(1) of the Local Public Officials Act on the ground that the Plaintiff violated Article 48 (Duty of Fidelity), 49 (Duty of Fidelity), and 50 (Prohibition of Deserting Office) of the Local Public Officials Act according to the above decision of the Personnel Committee on December 31, 2014.

The Defendant issued a disciplinary measure against the Plaintiff on March 25, 2015, for the reason that the Plaintiff committed any of the following misconducts (hereinafter “instant misconducts”) in accordance with the resolution of the personnel committee on May 6, 2015, and that the Plaintiff violated Articles 48 (Duty of Fidelity), 49 (Duty of Good Faith), and 55 (Duty of Maintain Dignity) of the Local Public Officials Act. The Defendant issued a disciplinary measure against the Plaintiff under Article 69 (1) of the Local Public Officials Act against the Plaintiff.

According to the provisions of Articles 48 and 49 (Duty of Fidelity) of the Local Public Officials Act, a public official shall observe laws and regulations, perform faithfully his duties, and a public official shall obey an official order of his superior officer in performing his duties, and the efficient operation of administrative affairs.