1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Details of the disposition

After being appointed on November 1, 1994, the Plaintiff, from December 1, 2015 to April 19, 2016, was in charge of the business E of the B Office of Education (hereinafter “instant business”).

On July 20, 2017, the defendant requested the personnel committee of B Office of Education to decide on disciplinary action and disciplinary surcharge of KRW 559,500 pursuant to Article 69 and Article 69-2 of the Local Public Officials Act on the ground that the plaintiff committed misconduct with the following matters and violated Articles 48 (Duty of Fidelity), 53 (Duty of Integrity), and 55 (Duty of Integrity) of the Local Public Officials Act:

1. The Plaintiff was selected as an evaluation committee member in the F Office of Education for the selection procedure of E business operators from 08:00 on April 12, 2016 to 23:00, and was well aware that the Plaintiff received entertainment equivalent to the total amount of KRW 186,50,000 on the same day from H to the F Office of Education E business operators of the F Office of Education, and offered convenience in transportation at the market price by moving to the G where the F Office of Education is located and returning to J. The Plaintiff received entertainment in relation to the duties by offering entertainment equivalent to the sum of KRW 186,50 on the same day, including meals, alcoholic beverages equivalent to KRW 150,00, total amount of KRW 186,500 on the same day.

2. Violation of the regulations related to duties and neglect of duties (hereinafter “grounds for disciplinary action 2”) shall faithfully perform the duties in the instant project in compliance with the relevant regulations, etc., although the Plaintiff is performing the duties in good faith, ① violation of the relevant regulations, such as failure to conduct daily audits and security audits, ② voluntary application of the period for submitting proposals, ③ violation of the procedures for modification, such as a written request for proposal, ④ violation of the procedures for preparing and recycling a written request for proposal, ④ a civil petition by participating in the work even after the exclusion of duties, ⑤ violation of the method for evaluation, 7) preparation of a written request for proposal of the integrated