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(영문) 대법원 1984. 5. 22. 선고 82누476 판결
[파면처분취소][공1984.7.15.(732),1137]
Main Issues

Cheating in the course that causes the escape of prisoners due to the neglect of arrest and arrest and the reason for disciplinary dismissal.

Summary of Judgment

If the plaintiff, who is the person in the court room in Yeongdeungpo-gu and the affiliated assistant, had thoroughly conducted the autopsy and the autopsy and the autopsy, could have discovered a hackk that made it possible for the defendant to go to the disc protection team and the protection team, which he had concealed, even though he neglected to perform the above duties and did not detect it, and if the defendant escaped as a threat to the above hackk, the plaintiff's misconduct constitutes grounds for removal under Article 78 (1) 1 and 2 of the State Public Officials Act.

[Reference Provisions]

Articles 78(1) and 79 of the State Public Officials Act

Reference Cases

Supreme Court Decision 82Nu485 delivered on February 22, 1983, 83Nu38 delivered on June 28, 1983, 82Nu478 delivered on September 27, 1983

Plaintiff-Appellant

Plaintiff

Defendant-Appellee

Yeongdeungpo-gu Director General

Judgment of the lower court

Seoul High Court Decision 81Gu649 delivered on August 31, 1982

Text

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

Reasons

The grounds of appeal are examined.

According to the reasoning of the judgment below, the court below determined that Non-party 1 who was removed from the above office Nos. 5 of Yeongdeungpo-gu No. 1 and was removed from the office Nos. 3 of Yeongdeungpo-gu No. 1, 1981: on May 22, 198, 07: 0, and that Non-party 2 forced Non-party 1 to take a disc assistive measure from Non-party 4, who was in prison at the 5-dong No. 5-dong No. 1, and that the above removal of the above office No. 3 of Yeongdeungpo-gu No. 1, which had an influence on the plaintiff's above 5-dong No. 5-dong No. 1, the court below's decision that the above removal of the defendant No. 2 from office No. 3 of Yeongdeungpo-gu No. 1, and that the above removal of the defendant No. 1 had an influence on the defendant No. 2's above 6-dong No. 1, and that the defendant No. 2 was found to use the above evidence No. 3's.

Therefore, the appeal is without merit, and the costs of the lawsuit are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Jong-soo (Presiding Justice)

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