The case holding that disciplinary action or dismissal of a public official without receiving money or other valuables is unlawful against the scope of discretion.

The case holding that disciplinary action or dismissal of a public official without receiving money or other valuables is unlawful against the scope of discretion.

Article 78(1)1 of the State Public Officials Act, Article 78(1)2 and Article 56 of the State Public Officials Act, Article 27 of the Administrative Litigation Act

Plaintiff

Attorney Kang Han-soo, Counsel for the defendant-appellant

Seoul High Court Decision 85Gu1098 Decided July 25, 1986

The appeal is dismissed.

The costs of appeal shall be borne by the defendant.

We examine the grounds of appeal.

In light of the above facts, the court below's decision that the plaintiff works for the defendant 1 and the defendant 1 as the source of construction project, who is in charge of the management of military installations protection area, support and cooperation, and that the non-party 1 as the leader of the military consultation plan and the non-party 1 who is in charge of non-party 1's improper treatment (which, as a result of the military consultation, consented to the constructed area, all the responsibilities shall be borne by him while ordering the non-party 1 to reply to the constructed area, as a result of the non-party 1's consultation, and decided that the "non-construction price" can be arbitrarily constructed" as a result of the non-party 1's consultation and decided that the non-party 1's removal without consultation with the military unit is without merit, and that the plaintiff's dismissal of the non-party 1's official authority and the non-party 4's removal of the above area constitutes a violation of duty and a violation of duty under Articles 78 (1) 2 and 56 of the State Public Officials Act. However, the plaintiff's authority to appoint the non-party 1's.

Therefore, the appeal is dismissed, and the costs of the appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating judges.

Justices Kim Jong-sik (Presiding Justice)