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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On March 10, 2014, the Plaintiff was appointed as a local public official in Sungnam-si and served as a local administrative secretary at the Sungnam-gu Community Service Center from November 2, 2015.
B. On August 25, 2017, the Defendant issued a dismissal disposition against the Plaintiff on the ground that “Around 11:00 on March 4, 2017, the Plaintiff (hereinafter “instant disposition”) requested the victim, who is a juvenile ( female, middle, and female,) under the age of 13, who became aware of through the “C”, an Internet hold-up app, to find the same as his house, and at around 14:00 on the same day, the Defendant paid KRW 150,000 to the Plaintiff’s house and provided the child sex purchase at one time, thereby violating Article 55 (Duty to Maintain Goods) of the Local Public Officials Act (hereinafter “instant disposition”).
C. After that, on September 4, 2017, the Plaintiff filed an appeal seeking the revocation of the instant disposition with the Gyeonggi-do Appeals Commission, but was dismissed on October 16, 2017.
[Ground of recognition] Facts without dispute, Gap evidence 1 and 8 (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. In light of the fact that the Plaintiff’s act of similarity between the Plaintiff’s assertion was conducted under agreement with the victim, and did not reach the sexual relationship, and that the Plaintiff did not exercise physical power from the beginning, and the Plaintiff’s act constitutes “the case where the degree of vision is weak and the progress is past” in light of the fact that the Plaintiff reported the writing posted on the Internet by the victim outside and depthd, not the victim from the beginning, and the victim got sexual purchasing by contingently.
In such cases, if the Plaintiff’s act constitutes “sexual assault (persons subject to minor)” among the “types of non-ranking” stipulated by the Local Public Officials Discipline Regulations, if the disposition of suspension from office from demotion, etc. to sexual traffic constitutes “sexual traffic”, the measure of reprimand can only be taken and the dismissal cannot
In addition to the above circumstances, the plaintiff suffers from the time of scarging.