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(영문) 서울고등법원 2019.12.12 2019누56519
파면처분취소
Text

1. Revocation of the first instance judgment.

2. The Defendant’s removal from office against the Plaintiff on August 7, 2018 shall be revoked.

3. Action.

Reasons

1. The grounds for this part of the disposition are the same as the relevant part of the reasoning of the judgment of the court of first instance, and thus, this part of the reasoning is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. The attachment to the relevant Acts and subordinate statutes shall be as follows;

3. The grounds for this part concerning the existence of the instant disposition are the same as the relevant part of the reasoning of the judgment of the court of first instance, and thus, this part is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

4. Whether discretionary power is abused or abused;

A. The plaintiff's assertion has served as a public official C in good faith.

The plaintiff reflects his mistake and dies to the former spouse, and made efforts to restore the relationship with the former spouse. However, the plaintiff's intention to divorce has not been firmly reflected.

In addition, the plaintiff's non-wheeled relationship did not directly affect the duty of Eul.

The instant disposition that dismissed the Plaintiff was significantly excessive and illegal.

B. Even if there is an act falling under the grounds for disciplinary action 1, whether the person having authority to take an action is to take disciplinary action against him/her or to take any kind of disciplinary action when he/she takes a disciplinary action is at the discretion of the person having authority

However, in a case where the exercise of discretion is contrary to the purpose of granting the right of disciplinary action, or where it violates the principle of proportionality or the principle of equality by selecting an excessive disciplinary measure, which is more balanced than the degree of flight which is used as a cause of disciplinary action, without a justifiable reason, or by selecting an equitable disciplinary measure, which is contrary to the standard of general application of the same degree of flight without a justifiable reason, the disciplinary action is unlawful as

Whether the exercise of discretionary power in a disciplinary action violates the principle of proportionality is the content and degree of the disciplinary reason.

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