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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On February 15, 1979, the Plaintiff is a local public official who was dismissed from position due to the following misconduct on November 13, 2017, when he/she was newly appointed as a local architect, a local engineer, and was promoted to a local technical officer on July 1, 2017 through facilities, educational facilities, and educational facility support groups, etc. of the B Provincial Office of Education.
B. (1) On January 24, 2018, the Commissioner of the Local Police Agency of B notified the Defendant of the fact that the Plaintiff received entertainment equivalent to KRW 1,062,910 from C, a person related to his duties, and violated the “Code of Conduct for Public Officials of the Office of Education of B”. (2) On the other hand, the chief prosecutor of the District Public Prosecutor’s Office of B notified the Defendant on July 27, 2018 that the Plaintiff received a bribe equivalent to KRW 975,00 in relation to the duties of public officials and provided a third party with personal information, and suspended the prosecution on the suspected fact that the Plaintiff violated the Personal Information Protection Act.
C. On August 27, 2018, the personnel committee of the Office of Education of B made a disciplinary resolution on dismissal and disciplinary surcharge three times as to the Plaintiff on the ground that the Plaintiff committed a misconduct as follows, and that the Plaintiff violated Articles 48, 53, and 14 (Prohibition of Receiving Money and Valuables) of the Local Public Officials Act and Article 14 of the Code of Conduct for Public Officials of the Office of Education of B. ① From September 8, 2015 to June 23, 2016, the Plaintiff was subject to a disciplinary resolution four times in total.
The government received entertainment equivalent to KRW 975,000, such as liquor, etc. from C, and received a bribe from September 19, 2015 to August 29, 2017, and violated the code of conduct for public officials by receiving entertainment equivalent to KRW 1,062,910, such as meal, from C, on a total of 29 occasions from September 19, 2015.
Accordingly, the Plaintiff was provided with KRW 2,039,710 in total on 33 occasions from a person related to his duties.
② In addition, the Plaintiff’s construction work at E Elementary School around July 2015.