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(영문) 수원지방법원안양지원 2015.03.26 2014가합104167
파면 및 승진임용취소 무효확인 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The defendant is a corporation established by combining the existing Farmland Improvement Association, Farmland Improvement Association, and Agricultural Promotion Corporation in order to contribute to the economic and social development of rural communities by implementing rural development projects on January 1, 200, comprehensively managing agricultural infrastructure, and improving agricultural productivity.

On January 10, 1990, the Plaintiff was newly employed in Grade V to the Federation of Farmland Improvement Associations, and the Defendant passed the promotion examination for Grade III conducted on November 26, 201 and was promoted to Grade III on January 1, 2013 by the Defendant’s personnel order on December 27, 2012 (the part against the Plaintiff among the above personnel order was referred to as “the instant personnel order”), and thereafter, served in the Defendant’s regional headquarters B from that time.

On January 16, 2014, the Cheongnam Provincial Police Agency notified the Defendant of the investigation results that the Plaintiff passed the examination and answer in advance at the promotion examination and provided money in return.

As a result of the investigation, 30 other than 32 employees of the defendant's 62 employees who were revealed to have engaged in the above misconduct related to the promotion examination was prosecuted, and the facts related to the promotion examination of such employees were reported to the press.

On February 3, 2014, the president of the defendant requested the High School Personnel Committee to make a resolution on disciplinary action against the plaintiff on the ground of violation of Article 4 (Duty to Observe) of the Rules of Employment.

On November 201, 201, the Plaintiff received C’s proposal and delivered C a test question (in response) at the E parking lot located in Sejong-si around November 25, 201, the day immediately before the date of the examination, and passed the examination for Grade C on November 26, 201, and was promoted to Grade III on January 3, 201, and around November 25, 201, the Plaintiff was promoted to Grade C in the E parking lot located in Sejong-si around November 25, 201.

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