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(영문) 서울고등법원(춘천) 2015.06.10 2014누1012
해임처분취소
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

judgment of the first instance.

Reasons

The reason why our court should explain this case is that "42,50,000 won" of the first instance court's 11, "12,00 won" of the first instance court's 5, 500,000 won, "3.6, 2009" of the first instance court's 13th 13th 31 March 2009, "14," "36,500,000 won" of the second 3th 124,80,000 won, "12,000 won" of the third 4th 20,000 won of the first instance court's 12,00 won, and the part of the first 4th 21 through 57th 2009 of the first instance court's 13th 200,000 won should be added to "3,250,0000 won," and the part of the second 17th 19,010 of the Administrative Litigation Act should be amended as follows.

Article 73(1) of the former Local Public Officials Act provides that a case that is investigated by the Board of Audit and Inspection shall not proceed with the disciplinary procedure from the date of notification of the commencement of an investigation (Article 73(2) of the same Act), and that a case that is investigated by an investigation agency may not proceed with the disciplinary procedure from the date of notification of the commencement of an investigation (Article 73(2) of the same Act). In addition, where the original period of prescription expires or the remaining period is less than one month due to a failure to proceed with the disciplinary procedure under Article 73(3) of the same Act, the period of prescription shall be deemed to expire one month from the date of notification of the completion of an investigation by the Board of Audit and Inspection under Article 73(3) of the same Act.

(2) Article 73-2(2) of the Criminal Procedure Act provides that the period of extinctive prescription shall not be determined as the grounds for disciplinary action, since the period of extinctive prescription has expired with respect to the grounds for disciplinary action that the Defendant had been retroactively discharged from March 18, 201 to be notified of the commencement of an investigation by the Board of Audit and Inspection, and the part for which the period of extinctive prescription has not been completed shall not be deemed as the grounds for disciplinary action. ① The part for which the period of extinctive prescription has not been completed after March 30

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