1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The reasoning of the court of the first instance’s explanation concerning this case is as follows, and thus, the reasoning of the court of the first instance is identical to that of the court of the first instance. Thus, this is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Parts 5, column 2, “A” (including paper numbers; hereinafter the same shall apply) are “A 3 through 31 (including paper numbers; hereinafter the same shall apply) and 39”.

Article 18-19 of the 5th page 5 provides that “The present case is pending in the final appeal (number: Supreme Court Decision 2017Du57585)” means that “The defendant appealed against this, but the Supreme Court dismissed the defendant’s appeal on November 29, 2017.”

In the 7th page 4-6, the phrase, “as seen earlier, the sentence was pronounced” is as follows.

Article 5 (2) of the Enforcement Rule of the Decree on the Punishment of Public Officials provides that "If a disciplinary measure again is required due to a misconduct that occurred during the period of restriction on promotion under Article 32 of the Decree on the Appointment of Public Officials against a person subject to a disciplinary measure, the disciplinary committee may make a decision on the second level disciplinary measure, and where a disciplinary measure is requested due to a misconduct that occurred within one year after the period of restriction on promotion is terminated, it may make a decision on the first level disciplinary measure, and Article 32 (1) 2 of the Decree on the Appointment of Public Officials."

According to the following items, in the case of suspension from office, 18 months shall not be promoted unless 18 months have passed since the execution of a disciplinary action was completed. Since the Plaintiff only has the power to take one-month disciplinary action of suspension from office as of December 17, 2012, the facts of each of the instant disciplinary actions that occurred on September 26, 2015 and October 5, 2015 are committed during the period of restriction on promotion or within one year after the expiration of such period.