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(영문) 서울고등법원 2015.06.17 2015누32614
강등처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons for the court's explanation concerning this case are as follows. The court's explanation of this case is based on the "A" of Part 6 in Part 4 in Part 6 in the judgment of the court of first instance, and the attached Form (7-8 pages) is replaced by the attached Form of the judgment of the court of first instance. The following Paragraph 2 is the same as the part of the reasons for the judgment of the court of first instance, except for adding the judgment that the plaintiff emphasizes again in the trial or added to additional arguments. Thus, this is cited as it is in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article

2. Additional determination

A. In light of the result of dispositions by state agencies or other local governments in disciplinary cases similar to the Plaintiff’s alleged misconduct, the statistics of disciplinary actions against local public officials during the last three years conducted around July 2010, in particular, in consideration of the defendant’s convenience in relation to the development of Incheon E, he/she issued a dismissal disposition under the disciplinary standards against G, which conducted improper seven business affairs other than receiving a bribe of a total of KRW 25 million from the representative of other construction companies in cash, in addition to receiving a bribe of KRW 5 million, and the disciplinary action against the Plaintiff is the result of a negative audit of the Plaintiff’s refusal of commercial instruction. In light of the fact that the disposition of this case is a result of the Plaintiff’s refusal of commercial instruction, the disposition of this case is abuse of discretionary power as it seriously loses equity.

B. In light of the following circumstances, the evidence presented by the first instance court’s judgment due to various circumstances, including the first instance court’s judgment, and the overall purport of the statements and arguments as to the evidence Nos. 15-1, 2, 16-1 through 4, 18, and 19, the instant disposition cannot be deemed to constitute a case where a deviation or abuse of discretionary power is considerably inappropriate under the generally accepted social norms, by taking into account the following circumstances.

① In the case of other disciplinary actions, the Plaintiff shall take into account the duties of the misconduct offender, the circumstances leading up to the misconduct, details and nature of the misconduct, and disciplinary action.

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