The effect of notice of attendance of the disciplinary committee and the expression of intent to waive attendance by telephone.

In deliberating on a disciplinary case, even if the disciplinary committee notified a family member of the person subject to disciplinary deliberation by telephone of his/her intention to waive his/her appearance, such notice of attendance or intent to waive his/her appearance cannot be deemed to be replaced by a legitimate notice of attendance and a written waiver of statement under Article 12(1) and (2) of the Police Officers Disciplinary Decree.

Articles 12 and 13 of the Decree on Disciplinary Action against Police Officials

Plaintiff

The Minister of Home Affairs

Any removal made by the Do governor of Jeonnam on August 10, 1975 against the plaintiff shall be revoked.

Litigation costs shall be borne by the defendant.

The same shall apply to the order.

The fact that the Do governor removed the plaintiff from office on August 10, 1975, like the written order, is no dispute between the parties.

On August 10, 1975, the General Disciplinary Committee for Police Officers, Jeonnam-do, which held on August 10, 1975, made a disciplinary decision in writing without giving written notice to the Plaintiff when making a disciplinary decision against the Plaintiff, according to the procedure in violation of the laws and regulations that deprived of the Plaintiff’s right to make statements and right to defense, and thus, the disposition of objection against the Plaintiff should be revoked. Second, even though the Plaintiff received KRW 300,000 from Nonparty 1, who was the teacher of the Gwangju High High School, Gwangju High School for Police, the Plaintiff did not receive KRW 300,000, from May 1975, it is argued that the Plaintiff committed such wrongful act. Accordingly, the Defendant asserts that this disposition was revoked. Accordingly, the first of all, I would like to examine whether the General Police Disciplinary Committee for Police Officers, which was a police officer, was lawfully made.

Article 12 (1) of the Decree of Disciplinary Action provides that if a person subject to disciplinary action does not want to attend a meeting by the disciplinary committee, he/she shall be notified of the person subject to disciplinary action in advance. Paragraph (2) of the same Decree, the disciplinary committee shall require the person subject to disciplinary action to submit a written waiver of his/her right to attend the meeting and shall make a disciplinary decision by documentary examination. Paragraph (2) of the same Article provides that the disciplinary committee shall provide that the person subject to disciplinary action may give sufficient opportunity to make a statement by himself/herself in writing or orally, and such provision provides that the person subject to disciplinary action shall be allowed to give prior notice of his/her interest to the person subject to disciplinary action, and if the person subject to disciplinary action does not want to attend the meeting by the disciplinary committee, he/she shall present a written waiver of his/her right to attend the meeting and shall not guarantee that the person subject to disciplinary action was not subject to disciplinary action by the person subject to disciplinary action 9, which is an ordinary police officer prior to his/her refusal of attendance at the meeting.

Judges Kim Hong (Presiding Judge)