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(영문) 대구지방법원 2021.01.28 2020구합25016
견책처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff was appointed as a local public official on September 25, 1981 and served as the head of Dong B from January 1, 2019.

B. On May 1, 2020, the Defendant issued a reprimand against the Plaintiff for the following reasons (hereinafter “instant disciplinary ground”). From December 2019 to February 2020, the Plaintiff, despite a request for the suspension of employees’ complaints and unauthorized deforestation during working hours without consultation with the forest, on the grounds that the safety of the residents and the prevention of forest fires, and the installation of the arm’s length during the working hours, the Plaintiff reported to the media and damaged the image of the Plaintiff.

According to Articles 48 (Duty of Good Faith) and 55 (Duty of Maintenance of Goods) of the Local Public Officials Act, all public officials shall observe Acts and subordinate statutes, perform their duties in good faith, and refrain from doing any act detrimental to their dignity. Article 36 (1) of the Creation and Management of Forest Resources Act (hereinafter “Forest Resources Act”) provides that a person who intends to extract or gather standing timber products in a forest shall obtain permission from the head of the Si/Gun/Gu as prescribed by Ordinance of the Ministry of Agriculture and Forestry. However, the Plaintiff’s act of cutting standing timber without permission and damaging the old image after reporting the fact to the press constitutes a ground for disciplinary action under Article 69 (1) of the Local Public Officials Act.

(c)

Although the Plaintiff filed an appeal review seeking revocation or mitigation of the instant disposition with the Gyeong-do Local Appeals Review Committee, the Gyeong-do Local Appeals Review Committee dismissed the Plaintiff’s request on June 22, 2020.

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