1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. On December 24, 2008, the Plaintiff was appointed as a class 10 driver, and was promoted to class 9 on December 31, 201, and the type of occupation was changed to a driving assistant on December 12, 2013, and is a state public official working in the Seoul Regional Educational Service B detention Center under the Ministry of Justice from July 1, 2015.

B. On October 29, 2015, the prosecutor of the Busan District Prosecutor’s Office prosecuted the Defendant as a crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by indecent act) on the following grounds: “Around September 25, 2015, the Plaintiff had a cell phone located in the Busan Seo-gu, Busan Seo-gu on September 23:56, 2015, and requested the victim D (hereinafter “victim”) (hereinafter “victim”) who is an employee to open a cell phone and store the cell phone in order for the victim to gather the cell phone in his/her own seat.”

C. On December 29, 2015, the General Disciplinary Committee of the Seoul Regional Correctional Agency violated the duty to maintain dignity under Article 63 of the State Public Officials Act (hereinafter “Disciplinary Reason”) as well as the aforementioned facts charged. Considering that the disciplinary cause falls under indecent act by compulsion against children and juveniles under Article 7 of the Act on the Protection of Children and Juveniles against Sexual Abuse, it decided to dismiss the Plaintiff pursuant to Article 78(1)1 and 3 of the State Public Officials Act, and the Defendant dismissed the Plaintiff on January 4, 2016.

(hereinafter “instant dismissal disposition”)

D. Although the Plaintiff filed an appeal seeking mitigation of the instant dismissal disposition with the appeals review committee, the said committee dismissed the Plaintiff’s request on February 9, 2017.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1-1, 2, and 2-1, the purport of the whole pleadings and arguments

2. Whether the dismissal disposition of this case is legitimate

A. The Plaintiff’s assertion was based on the fact that the victim was a child or juvenile in a criminal case regarding the grounds for the instant disciplinary action.