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1. The Defendant’s removal disposition against the Plaintiff on March 30, 2016 shall be revoked.
2. The plaintiff's remaining claims are dismissed.
3...
Reasons
1. Details of the disposition;
A. On February 25, 2008, the Plaintiff’s career was appointed as a court official in charge of Grade IV, and was promoted to the court official in charge on March 11, 2012. From January 11, 2013 to August 21, 2015, the Plaintiff worked as a assistant to the divisional expenditure officer and the agency operation expenses accounting official in the Daegu District Court B (hereinafter “B support”).
B. On August 2015, the Board of Audit and Inspection requested for the detection of the instant misconduct and disciplinary action by the Board of Audit and Inspection to audit the “actual state of accounting management in the public sector” with respect to B support, the following Plaintiff’s misconduct (hereinafter “instant misconduct”) was discovered, and on February 26, 2016, requested the Defendant to be removed from office pursuant to Article 32 of the Board of Audit and Inspection Act.
From January 11, 2013 to August 21, 2015, the Plaintiff embezzled KRW 39,749,800, total national health insurance premiums, etc. over 25 times in total by 25 times from June 13, 2014 to July 23, 2015, by taking account of the fact that the divisional expenditure officer and the official in charge of accounts for government funds, such as payment of national health insurance premiums, were in charge of the payment of national health insurance premiums, as assistants of the divisional expenditure officer and the official in charge of accounts for government expenses, and that the divisional expenditure officer is not confirmed as to whether national health insurance premiums, etc. were paid at time.
C. On March 22, 2016, the High Disciplinary Committee of the National Court Administration (hereinafter “Disposition against the Plaintiff”) rendered a decision to dismiss the Plaintiff and impose disciplinary surcharge of KRW 39,749,80 (an amount equivalent to one times the amount of the Plaintiff’s embezzlement) on the Plaintiff by applying Articles 78(1)2 and 78-2 of the State Public Officials Act. Accordingly, the Defendant removed the Plaintiff on March 30, 2016 (hereinafter “instant removal disposition”) and the Plaintiff on March 39, 749,749.