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(영문) 수원지방법원 2018.06.21 2017구합60209
정직 및 징계부가금 부과처분 취소
Text

1. On July 1, 2016, the Defendant exceeding KRW 790,00,00, out of the imposition of disciplinary charges against the Plaintiff.

Reasons

1. Details of the disposition;

A. On December 14, 1987, the Plaintiff was appointed as a local civil petition officer, and was promoted to a local facility officer (local facility class IV) on April 16, 2010. A public official who served as the director in charge of sewage management from January 2, 2015 to B is a public official.

B. On January 21, 2016, the Plaintiff was investigated in the course of the Office for Government Policy Coordination’s Official Service Audit on the Ministry of Government Policy Coordination on April 5, 2016 and the Public Official Inspection on the Election of the 20th National Assembly Members on April 5, 2016. As a result, the Ministry of Government Administration and Home Affairs demanded the Defendant to take a minor disciplinary action against the Plaintiff on April 25, 2016 on the ground of the above misconduct.

C. Accordingly, the Defendant requested the Gyeonggi-do Personnel Committee to take disciplinary action against the Plaintiff on the “serious Disciplinary Action” and “the imposition of disciplinary surcharge (940,000 won/2-3 times the subject amount).” On June 20, 2016, the Gyeonggi-do Personnel Committee decided to take disciplinary action against the Plaintiff on March 20, 201 and the imposition of disciplinary surcharge (940,000 won).

On July 1, 2016, the Defendant issued a disciplinary measure (hereinafter “instant disciplinary measure”) against the Plaintiff on the ground that the Plaintiff violated Articles 48 and 53 of the Local Public Officials Act on the grounds that the Plaintiff violated Article 69(1) and 69-2(1) of the same Act (hereinafter “instant suspension disposition”) and one time (940,000 won) of the disciplinary surcharge (hereinafter “instant disposition”).

① On July 28, 2015, around October 23, 2015, the Plaintiff received golf 440,000 won, such as green fee, from the representative of the Specialized Construction Business Co., Ltd. (D) (hereinafter “the ground for disciplinary action”), and ② on September 9, 2015, the president (F) of the Civil Engineering and Construction Co., Ltd. related to duties appears to have made a clerical error in “M”.

From the G golf course located in the Chungcheong-gun, a golf 1.50,000 won, such as green fee, was given (hereinafter referred to as "grounds for disciplinary action") in the G golf course located in the Chungcheong-gun (hereinafter referred to as "grounds for disciplinary action"), and (3) duties related to the duties around September 13, 2015.

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