logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2014.09.02 2012누36622
파면처분취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The court's explanation concerning this case is different from the judgment of the court of the first instance.

(1) The part of the facts found in paragraph (1) and 2.C.

(2) As to the determination on the existence of the grounds for the disciplinary action under paragraph (1) is the same as the part on the grounds for the judgment of the first instance except for the following dismissal, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. The part to be mard;

A. [2.(c)(1)(l) of the Gyeonggi Southern Police Station established an investigation into the Plaintiff by abusing authority, obstructing another’s exercise of rights, and obstructing bidding, and transferred the Plaintiff to the Sungnam Police Station of the Suwon District Prosecutors’ Office on June 201, and the said Prosecutor’s Office prosecuted the Plaintiff on bidding with G, J, etc., but the Suwon District Court found the Plaintiff not guilty of the Plaintiff, G, and J on February 21, 201, and the Prosecutor appealed.

(b) [2.(c)(2) The duty of good faith provided for in Article 48 of the Local Public Officials Act to determine the existence of a cause for disciplinary action is the most fundamental duty imposed on the public official, and the duty of good faith shall be performed in order to promote the public interest and prevent the disadvantage to the public as much as possible.

(See Supreme Court Decision 88Nu3161 delivered on May 23, 1989). The plaintiff prepared a proposal in relation to the project of this case, such as the items of assessment and allocation criteria, and conducted a bid based on this. The plaintiff failed to participate in the tender of this case, and the bid of this case was awarded only with multiple times and low scores with the highest points in both the points related to the project performance and the international certification related to the project management. In relation to the project of this case, the plaintiff interfered with the participation of the project of this case, or entered into the contract of the successful bidder or entered into the contract of the successful bidder.

arrow