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(영문) 서울행정법원 2018.03.22 2017구합67544
파면처분취소
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 June 3, 1976, the Plaintiff was first appointed to the Ganpo Regional Maritime Affairs and Port Authority as a waterway reporter, and served in the Ministry of Land, Transport and Maritime Affairs with the maritime traffic facilities from December 1, 2010 to March 22, 2013, and the head of the Ministry of Oceans and Fisheries from March 23, 2013 to October 5, 2014 was working as the manager of the Ministry of Oceans and Fisheries’s division.

B. On September 26, 2014, the Defendant received notice of the public official’s criminal disposition on the crime that “the Plaintiff was indicted as a crime of acceptance of bribe for a total of KRW 10,500,000 on seven occasions by April 9, 2014, including that the Plaintiff received KRW 1,00,000 from the representative director D of C, a company engaging in the construction business of exhibition facilities, with respect to its duties in the vicinity of the headquarters of the Ministry of Oceans and Fisheries located in the central Dong-dong of Jungcheon-si around March 8, 2011.”

C. Accordingly, on February 4, 2015, the Defendant demanded a resolution on disciplinary action against the Plaintiff, and received notification from the Central Disciplinary Committee to the effect that “the Plaintiff decided to withhold disciplinary action against the Plaintiff until the court of first instance rendered a judgment.”

On September 10, 2015, the Jeju District Court (2014Gohap185) issued a sentence of KRW 1,00,000 to the Plaintiff on September 10, 2015 (hereinafter “the instant disciplinary cause”) on the following grounds: (a) around March 8, 2011, the Plaintiff received KRW 1,00,000 from D for the purpose of providing business-related information and convenience; and (b) by February 6, 2014, the Plaintiff received KRW 2,00,000 from D for three times until February 6, 2014 as listed in the following table (hereinafter “instant disciplinary cause”), by recognizing the Defendant guilty of criminal facts; (c) sentenced the Plaintiff to a suspended sentence of KRW 1 and a fine of KRW 4,00,000,000; and (d) sentenced the Plaintiff to a surcharge of KRW 2,00,000 for additional collection from D to April 5, 2014.”

The first instance court of this case.

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