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(영문) 춘천지방법원 2018.08.21 2017구합50612
청탁금지법위반신고 통보 취소
Text

1. With respect to the B market on March 24, 2017, the Defendant violated the Improper Solicitation and Graft Act by making the subject of disciplinary action as the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is a local public official of B Si (Grade 9 of local administration).

B. On January 9, 2017, the Anti-Corruption and Civil Rights Commission received a report from C to provide money and valuables equivalent to KRW 1,000,000, in total, including one key to 980,000 won, and a fireworks amounting to KRW 20,000,000, which was prepared by two public officials (hereinafter referred to as “Plaintiffs, etc.”) for the viewing civil service and 20,000 as of December 19, 206, by providing C with money and valuables in violation of the Improper Solicitation and Graft Act (hereinafter referred to as “Improper Solicitation and Graft Act”).

C. On March 13, 2017, the Anti-Corruption and Civil Rights Commission decided to refer the above reporting case to the Defendant on the ground that “the Plaintiff, etc. is deemed to have violated Article 8(5) of the Improper Solicitation and Civil Rights Commission Act, so it is necessary to investigate the suspicion of violating the Improper Solicitation and Civil Rights Commission Act,” and accordingly, transferred the reporting case to the Defendant on March 20, 2017.

The defendant, on March 24, 2017, shall be the Mayor B and the above.

B. A written resolution of the Anti-Corruption and Civil Rights Commission on the violation of the Improper Solicitation and Civil Rights Commission Act stating the content of the report as stated in paragraph (1) was accompanied by the notification of the violation of the Improper Solicitation and Civil Rights Commission Act, and the notification of the violation of the Improper Solicitation and Civil Rights Commission Act stating that “The Improper Solicitation and Civil Rights Commission shall notify the violation of the Improper Solicitation and Civil Rights Commission (hereinafter “the Improper Solicitation and Civil Rights Commission”) and submit the results after implementing the necessary matters

E. The B market is not required to make a resolution or disciplinary action against the Plaintiff by the closing date of the argument in this case.

【Non-contentious facts, Gap evidence Nos. 1 and 4 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The indication of the relevant regulations shall be as shown in the attached Form;

3. The defendant's defense of this case is judged.

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