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(영문) 광주고등법원(전주) 2019.04.10 2018누1591
해임처분취소
Text

1. Revocation of the first instance judgment.

2. The Defendant’s dismissal disposition against the Plaintiff on July 20, 2016 is revoked.

3. Action.

Reasons

1. Details of the disposition;

A. On June 30, 1989, the Plaintiff was appointed as a policeman, and was promoted to a slope on December 31, 2007, and served in the military police station’s livelihood safety and D police box from May 16, 2016.

B. On July 15, 2016, the chief of the Military Police Station requested a resolution on disciplinary action against the Plaintiff on the ground that the Plaintiff violated his/her duty to maintain dignity under Article 63 of the State Public Officials Act due to the following disciplinary grounds (hereinafter “instant disciplinary action”). On July 19, 2016, the said disciplinary committee decided to take disciplinary action against dismissal pursuant to Article 78(1)3 of the State Public Officials Act.

Although police officers have a duty to comply with all relevant Acts and subordinate statutes and various instructions and to perform their duties in good faith, the plaintiff was subject to disciplinary action of salary reduction in Written reduction from C on May 2009 due to a dispute with the general public on April 27, 2015 due to the purchase of e-mail from E-mail on May 20, 2009, the plaintiff was subject to disciplinary action of two months from E-mail on September 30, 2015 from E-mail as an employee violence, and in particular, on March 10, 2016, the plaintiff was subject to the second-month disciplinary action of suspension from E-L from E-L to E-L on May 16, 2016 and was issued as a disciplinary action on May 16, 2016 and received an excessive prohibition of drinking alcohol and violation of duty from his/her superior, such as the Inspector and Deputy Inspector, the Director of Living Safety, and the Director of D-L box.

A. A. On July 8, 2016, around 01:00, he/she entered the restaurant “F” located in the Jeonju-si E (F), with one-way driver, and expressed his/her desire to see “Iema and Ieman” to the restaurant employees, and sees to see, “Iema and Ieman,” the strings of restaurant G (ma, 36 years old) with the strings of the restaurant business partner G (ma, South, 36 years old), and takes the strings into the drinking seat, with the strings and the 13-minutes part of the buckbucks in drinking, and 13-minutes alcoholic beverages are laid in the next place, and locked in the table on the 01:56 table, and the strings and employees enter the 5-minutes and enter the strings.

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