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(영문) 서울고등법원 2015.08.18 2015누42512
견책처분 등 취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of “determination on the plaintiff’s argument” as to this case. As such, it shall be cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Determination as to the Plaintiff’s assertion of the trial. A.

Plaintiff’s assertion

1) The money that the Plaintiff received from D of the Dispute Resolution Co., Ltd. constitutes “money and valuables provided openly to assist public officials in difficult areas due to diseases, disasters, etc.” under the Code of Conduct for Public Officials, and there is no grounds for disciplinary action. 2) The failure to reduce or exempt the disciplinary action against the Plaintiff who reported the violation of the Code of Conduct for Public Officials pursuant to Articles 66 and 67 of the Act on the Prevention of Corruption and the Establishment and Operation of Anti-Corruption and Civil Rights Commission (hereinafter “Corruption Prevention Act”), constitutes abuse of discretionary authority, and the Rules on Local Public Officials B who did not reflect the provisions on mitigation or exemption of the Anti-Corruption and Civil Rights Commission Act,

B. 1) Determination 1) The above public official’s code of conduct assumes that the offering of money and valuables is carried out in accordance with open procedures and methods. In the case of the Plaintiff, the offer of money and valuables is received from D, which is individually and individually in the case of the Plaintiff, and it cannot be deemed that the offering of money and valuables is permitted in the above public official’s code of conduct. 2) The above public official’s act of violating Articles 66 and 67 of the Act on the Prevention of Corruption and Abuse of Discretionary Authority or the Discipline’s Code of Conduct may be mitigated or exempted from disciplinary action against the reporter in the event of the discovery of the relevant crime by reporting the act in violation of the code of conduct of public official. However, this case reported by the Plaintiff to the contrary, and due

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