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(영문) 울산지방법원 2015.11.05 2015구합5096
강등처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On February 18, 2004, the Plaintiff was appointed to the C District Court’s registry. On March 11, 2008, the Plaintiff was appointed to the B District Court’s registry and was in charge of registration assistance from July 11, 201 to B District Court’s registry.

B. On February 5, 2013, the Plaintiff was prosecuted with the charge that “the Plaintiff acquired pecuniary benefits equivalent to KRW 10 million in relation to the business,” and the District Court convicted of the facts charged, thereby sentencing and collecting KRW 10 million on October 31, 2013.

Since then, the Plaintiff and the Prosecutor appealed, but all appeals were dismissed on February 5, 2014, and the Plaintiff appealed against this and appealed, but the judgment of the first instance court became final and conclusive on June 12, 2014.

C. On February 7, 2014, after the judgment of the above appellate court was rendered, the Defendant referred the Plaintiff to the Disciplinary Committee on the ground that the Plaintiff’s above act constituted Article 78(1)1 of the State Public Officials Act. Based on the result of the decision of the Busan High Court Disciplinary Committee, on August 28, 2014, the Defendant made a demotion (hereinafter “instant disposition”).

The Plaintiff dissatisfied with the instant disposition and filed a petition review on September 19, 2014. However, the court appeals review committee decided to dismiss the petition on November 13, 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 7 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Defendant’s instant disposition of the Plaintiff’s assertion should be revoked on the following grounds.

1) 10 million won, which is indicated as the amount of acceptance of bribe in the instant disposition grounds, is deemed to be a corporation D (hereinafter “instant company”).

) The F Company Housing in Ulsan-gu E (name “G apartment” on the register, and called “H apartment” after remodeling.

hereinafter referred to as “the apartment of this case”

delegation of any sale to the Corporation.

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