1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Summary of grounds for appeal;

A. On November 20, 2017, the Defendant rendered a dismissal and four times the surcharge for disciplinary action (hereinafter “instant disposition”) on the ground that the Plaintiff provided KRW 1 million in cash to the head of the E Office of Education Elementary Education Support (hereinafter “the head of the Support Division”) who is related to his/her duties (hereinafter “instant act of offering money and goods”).

However, the Plaintiff visited the E Office of Education in order to obtain advice in relation to the public invitation system for the principal of the school, and the mother was aware of cash bags containing the amount of money to be put on the books of support and funeral with an envelope containing a public invitation plan, and there was no intention to provide the head of the support with one million won in cash.

B. The receipt of money and valuables by a public official prohibited under Article 61(1) of the State Public Officials Act is limited to where a public official receives money and valuables in relation to the “self-reliance’s duties” and does not constitute the receipt of money and valuables in relation to “other party’s duties.

Therefore, even if the Plaintiff provided money and valuables to the support and the head in relation to the duties of the support and the head, it does not constitute a case of providing money and valuables in relation to the Plaintiff’s duties.

C. The Defendant issued the instant disposition by applying the “standards for processing the violation of the duty of integrity” under Article 3 [Attachment 2] of the Regulations on the Handling of Public Officials’ Non-Corruption Cases or the “standards for taking disciplinary action against the violation of the duty of integrity” under Article 23 [Attachment 4] of the former Guidelines on the Operation of the Code of Conduct for Public Officials (amended by Article 131 of the Rules of the Anti-Corruption and Civil Rights Commission, Feb. 28, 2018; hereinafter the same shall apply). The standard for taking a disciplinary action is invalid since the standards for taking a disciplinary action are also prescribed as grounds for disciplinary action, regardless

In addition, the support and the head are not directly related to the benefit or disadvantage of the plaintiff, who is an assistant principal, in relation to the performance of duties.