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(영문) 서울행정법원 2017.07.20 2016구합66339
징계처분 및 징계부과금 부과처분의 취소
Text

1. The part of the disposition imposing disciplinary surcharge imposed on the Plaintiff on August 25, 2014 exceeds KRW 57,495,00.

Reasons

1. Details of the disposition;

A. On March 1, 1995, the Plaintiff acquired an elementary school teacher qualification in Busan and worked as an elementary school teacher in Busan from March 2009 and served as the school inspector of the Busan City Office of Education from September 2010. After receiving an order of a dispatched research worker from the Ministry of Education, the Plaintiff passed the public announcement of his/her specialized position in the Ministry of Education and served as an educational research worker in the Ministry of Education, and was in charge of B projects (hereinafter “instant project”) in the Ministry of Education, Science and Technology from March 1, 201 to February 28, 2014.

B. On March 5, 2014, the Defendant was notified by the National Police Agency of the commencement of an investigation into a public official’s crime against the Plaintiff on the following grounds: “The Defendant was suspected of participating in the process of draft budget of the instant project team, which was in force in 2012 and 2013, entrusting the project team to a specific university or organization, entrusting the project team with a specific university or organization to enter into a service contract, or taking personnel expenses, etc. by falsely employing a specific researcher as a project team researcher.”

C. On March 6, 2014, the Defendant requested a resolution of heavy disciplinary action against the Plaintiff to the Public Educational Officials Special Disciplinary Committee as a ground for a request for a disciplinary decision on the details of the suspected criminal investigation of the above public official.

On May 7, 2014, the Defendant was notified of the status of the investigation of the public official's criminal case (hereinafter referred to as "relevant criminal case") against the Plaintiff notified by the National Police Agency on the same day, to the Seoul Central District Public Prosecutor's Office.

E. On June 30, 2014, the Defendant supplemented the result of self-audit and demanded a resolution of heavy disciplinary action and imposition of surcharges for disciplinary action against the Plaintiff to the Special Disciplinary Committee on Public Educational Officials.

F. On August 21, 2014, the Special Disciplinary Committee on Public Educational Officials (hereinafter “Special Disciplinary Committee”) on the Plaintiff on the following grounds: Articles 56 (Duty of Fidelity), 61 (Duty of Integrity), and 63 (Duty of Integrity) of the State Public Officials Act; the former Code of Conduct for Public Officials.

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