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(영문) 서울행정법원 2015.09.24 2015구합61092
강등처분취소
Text

1. The disposition of demotion rendered by the Defendant to the Plaintiff on December 31, 2014 shall be revoked.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

1. Details of the disposition;

A. On February 1, 1975, the Plaintiff was appointed as a local administrative secretary, and was promoted to a local administrative officer on January 17, 2007. The Plaintiff worked as the director of art gallery operation from January 8, 2014 to October 29, 2014.

B. On October 2014, the Defendant requested the Chairperson of the First Personnel Committee in Seoul Special Metropolitan City (hereinafter “instant disciplinary cause”) to take disciplinary action against the Plaintiff pursuant to Article 69(1) of the Local Public Officials Act against the disciplinary cause stated below (hereinafter “instant disciplinary cause”).

Grounds for Disciplinary Action

1. On September 15, 2014, at least 13:50 to 16:30, the Plaintiff neglected to work on the part of the Plaintiff’s wife, after inspecting and repairing electric installations, from the F, operated by the Plaintiff’s wife, to the work site.

2. From March 3, 2014 to June 16, 2014, the Plaintiff in violation of the provision on overtime work, even though 19:00 to June 21, 201 were engaged in the training course for Korean Language Teachers at Seoul Special Metropolitan City’s University from March 3, 2014 to June 16, 2014, but was in violation of the provision on overtime work allowances by returning to the office after the completion of the course.

3. In January 2014, the Plaintiff suggested that “the Plaintiff shall apply for a false business trip and resolve the expenses for the staff and the director-in-charge with the travel expenses.” On September 5, 2014, the Plaintiff suggested on September 5, 2014, the Plaintiff made two K-in-charge employees to enter into a private contract with respect to the outdoor performance (G-H) for one week.

4. The Plaintiff, who was in verbal violence, was using a physical training room at the point of occupation in January 2014, and was able to get personal information from the employee I, and was insultingly abused.

C. On December 17, 2014, the Seoul Special Metropolitan City Personnel Committee decided to take disciplinary measures, such as demotion, against the Plaintiff on the ground that the instant disciplinary measure constitutes a violation of Articles 48 and 50 of the Local Public Officials Act.

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