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(영문) 제주지방법원 2014.12.17. 선고 2012구합38 판결
파면처분취소
Cases

2012Guhap38 Revocation of Disposition of Revocation

Plaintiff

A

er Defendant

BPresident of the University

Conclusion of Pleadings

November 26, 2014

Imposition of Judgment

December 17, 2014

Text

1. The plaintiff's claim is dismissed.

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

Purport of claim

The Defendant’s removal on April 4, 201 from office against the Plaintiff shall be revoked.

Reasons

1. Details of the disposition;

A. After being appointed as a full-time lecturer at B University on March 21, 1994, the Plaintiff was promoted to C on April 1, 2005 through an associate professor and associate professor.

B. The Plaintiff was appointed as the Vice-Chairperson on March 23, 2007, while working as D Council members from February 1, 2003 (hereinafter referred to as “Council members”), and was engaged in deliberation activities by forecasting and analyzing the possibility of flood and other disasters caused by the development project, the degree and scale of the disaster, etc. by receiving a disaster impact assessment report from the golf course business operators and reviewing and reviewing it.

C. On April 4, 2011, the defendant pointed out to the effect that "the plaintiff's removal from office" was 1.5 billion won for the plaintiff's 6 billion won or less for the plaintiff's 1.5 billion won or less for the plaintiff's 6.5 billion won or less for the plaintiff's 1.5 billion won or less for the plaintiff's 6.5 billion won or less for the plaintiff's 6.5 billion won or more for the plaintiff's 6.5 billion won or more for the plaintiff's 6.5 billion won or less for the plaintiff's 1.5 billion won or more for the plaintiff's 6.5 billion won or more for the plaintiff's 6.5 billion won or more for the plaintiff's 1.5 billion won or more for the plaintiff's 6.5 billion won or more for the plaintiff's 6.5 billion won or more for the plaintiff's 1.5 billion won or more for the plaintiff's 6.5 billion won or more for the plaintiff's 16.5 billion won or more for the plaintiff's 2.5 billion won.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 (including paper numbers), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's assertion

Although the Plaintiff had deliberated on the agenda as a deliberation committee member, the Plaintiff is a university professor, and there is no provision that the deliberation committee member is deemed a public official in the relevant laws and regulations, the Plaintiff cannot be deemed as a public official and the Plaintiff cannot be deemed as constituting a crime of bribery solely on the ground that the deliberation committee member’s duties are related to the duties of the State and local governments, and the disposition of this case based on

B. Determination

(6) The lower court determined that the Plaintiff’s appointment and dismissal of a member of the Jeju Special Self-Governing Province or the Special Act for the Establishment of Jeju Special Self-Governing Province and the Development of Free International City was a public official on or before July 1, 2006 (see, e.g., Supreme Court Decision 200Da1720, Jul. 1, 2006; 20Da3289, Jun. 1, 2006; 200Da1979, Jun. 27, 2006; 200Da1979, Jun. 29, 2007; 3) the Plaintiff’s appointment and dismissal of a member of the Jeju Special Self-Governing Province (see, 3, 200Da1970, Jun. 29, 201; 200Da19797, Jun. 29, 201).

Therefore, the plaintiff's assertion is without merit.

3. Conclusion

Therefore, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

Judges

presiding judge, assistant judge and assistant judge

Judges Kim Gin-tae

Judges Yoon Dong-dong

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