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(영문) 부산지방법원 2013.12.13 2013구합20241
징계처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On January 26, 1993, the Plaintiff was appointed as a director general of the headquarters of the above post office on November 4, 1998 and served as an office worker upon the recommendation of designee D on November 4, 1998.

The president of Korea Post determined that the Plaintiff paid KRW 73,70,000,000,000 to D each 94 times a month, out of the business handling fees deposited in the name of the head of B post office, from January 9, 2004 to September 201, as a result of an inspection of B post offices, and that the above act constitutes a case where money and valuables are provided in return for recommendation of the head of a special post office and the national budget is used for personal purposes. On April 24, 2012, the Busan Regional Special Post Office Disciplinary Committee requested the Plaintiff to make a resolution on the imposition of heavy disciplinary and disciplinary charges on the Plaintiff.

C. On December 3, 2012, the said Disciplinary Committee: (a) the Plaintiff’s act violates Articles 17 and 18 of the Regulations on the Personnel Management of Special Post Office Employees; and (b) committed an act violating this portion or significantly impairing dignity as a public service trustee, which is a disciplinary cause under Article 36(1)3 of the said Regulations; (c) however, (d) the Plaintiff used part of the fees for performing duties as a post office operating expenses; (d) the Plaintiff used the fees for performing duties as a post office operating expenses; (e) faithfully performed duties without disciplinary action after appointment; (e) made efforts for business performance; and

Accordingly, on December 17, 2012, the defendant was subject to two months of suspension from office against the plaintiff.

[Reasons for Recognition] The Plaintiff’s assertion as to the legitimacy of the respective dispositions stated in Gap evidence 1-1, 2, 3, and Eul evidence 1, 10 through 13 is not the Plaintiff’s monthly salary but the Plaintiff paid living expenses or rent for the office building of a special post office. The Plaintiff’s assertion as to the legitimacy of the respective dispositions stated in Gap evidence 1-1, 2, 3, and 10 through 13.

Fees for the handling of duties prescribed in Article 17 of the Enforcement Rules of the Special Post Offices Act shall be necessary for performing duties.

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