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(영문) 대구지방법원 2017.06.30 2016구합23303
불문경고처분취소
Text

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 September 1, 1998, the Plaintiff was newly appointed as the Ulsan Elementary School Teachers, and was transferred to C elementary school on March 1, 2013. From March 1, 2015 to February 29, 2016, the Plaintiff was temporarily retired from office under Article 71 subparagraph 6 of the State Public Officials Act (hereinafter referred to as “full-time officer”) but was in office as C elementary school after reinstatement on March 1, 2016.

(Gu) The Plaintiff was a group of acts for purposes other than official duties, such as participating in one time of a war against the annual studio (on April 24, 2015) and two times of the Assembly Assembly (on October 29, 2015, December 16, 2015) under the pretext of the former Twit D’s interference with the public official pension and the nationalization of the textbooks of Korea. In addition, around October 29, 2015, the Plaintiff was a group of acts for purposes other than official duties. On October 29, 2015, around 11:00, Jung-gu Seoul Special Metropolitan City, which was 84 U.S. and attended before the KNS Center, and was given a notice of the commencement of an investigation (on November 22, 2015, etc.) at the Seoul Police Station as a violation of the State Public Officials Act.

On May 11, 2016, the Defendant issued a warning notice to the Plaintiff pursuant to Article 78(1)1 of the State Public Officials Act on the ground that the Plaintiff violated Article 56 (Duty of Fidelity), Article 63 (Duty of Maintenance of Dignity), and Article 66 (Prohibition of Collective Action) (1) of the State Public Officials Act.

(2) The Assembly and Demonstration Act provides that the Assembly and Demonstration Act’s Assembly and Demonstration Act’s Assembly and Demonstration Act’s Assembly and the Assembly and Demonstration Act’s Assembly and Demonstration Act’s Assembly and Demonstration and Demonstration Act’s Assembly and Demonstration and Demonstration Act’s Assembly and Demonstration and Demonstration Act’s Assembly and Demonstration and Demonstration Act’s Assembly and Demonstration Act

On June 13, 2016, the Plaintiff filed a petition review with the Defendant seeking revocation of the instant disposition, but was dismissed on August 18, 2016.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, Eul evidence 1 through 7 (including each number, hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s ground for disciplinary action is prohibited by the State Public Officials Act as to “collective action for a work other than public service” is the public interest.

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