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(영문) 서울행정법원 2016.03.18 2014구합22502
면직처분취소
Text

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 February 21, 2000, the Plaintiff was appointed as the prosecutor of the Jeonju District Prosecutors' Office, the Seoul District Prosecutors' Office, the Daegu District Prosecutors' Office, the Daegu District Prosecutors' Office, the Incheon District Prosecutors' Office, the Seoul Central Prosecutors' Office, and the Supreme Prosecutors' Office. From September 4, 2013, the Plaintiff served as the married chief prosecutor at the B Prosecutors' Office.

B. The Prosecutor Disciplinary Committee (1) decided to dismiss the Plaintiff on October 8, 2014 by applying Article 2 subparag. 2 and subparag. 3 of the Prosecutor Disciplinary Action Act, on the ground that the Plaintiff committed irregularities as follows. The Plaintiff became aware of D investigators who worked at C Branch Office and worked at the same prosecutor’s office around October 15, 2004, including crowdfunding and hotel operation, real estate lease business in Gangseo-gu Seoul Metropolitan Government, and then came to exchange between the Defendant and the Seoul Metropolitan Government or telephone conversation until March 3, 2014. Meanwhile, around March 4, 2004, after being sentenced to a 30-year imprisonment with prison labor for 10-year from the Seoul Southern District Prosecutors’ Office to 30-year from 10-year from 20-year to 10-year from 20-year from the Seoul Southern District Prosecutors’ Office, the Plaintiff was finally prosecuted on March 15, 2014 to 10-year from the Seoul Southern District Prosecutors’ Office.

1. Impartiality in the performance of duties;

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