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(영문) 서울행정법원 2020.11.13 2020구합53637
해임처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is a police officer appointed as a policeman on April 4, 2014 and served in B police station from September 30, 2016.

B. On September 18, 2019, the General Disciplinary Committee for Police Officers B police officers decided to dismiss the Plaintiff due to the grounds for the disciplinary action specified below, and the Defendant notified the Plaintiff of the dismissal on September 19, 2019 in accordance with the above resolution.

(hereinafter “instant disciplinary action”). Notwithstanding Article 63 of the State Public Officials Act, police officers shall observe all statutes, faithfully perform their duties (Article 56 of the State Public Officials Act, duty of good faith), and shall not engage in any act detrimental to their dignity, regardless of whether they are inside or outside their duties (Article 63 of the same Act, duty to maintain dignity), whether the Plaintiff is “C” in the Daegu-gu Martial-gun on August 17, 2018, when the Plaintiff is a criminal police station and a strong two team.

On the 3st room of the main place (hereinafter “the main place of this case”) the entertainment reception receptionist E (the name, 35 years of age, n, hereinafter “victim”) and the drinking of the entertainment receptionist E (the name, 35 years of age, n, hereinafter “victim”) were sent back to several times the chest by inserting the hand on the part of the victim, and the chest was sent back to the victim’s upper part and the buck, and then the victim was forced to enter the chest, and the victim was forced to refuse the breast, the buck was pushed down on the part of the victim, and then the buck was taken off on the part of the victim, and caused indecent act by compulsion.

(hereinafter “instant misconduct.” On July 17, 2019, the Plaintiff was sentenced to a fine of KRW 7 million and a order to complete a sexual assault treatment program for 40 hours at the Seo-gu District Court’s Branch Branch of Seo-gu District Court for the instant misconduct (indecent act by compulsion).

(2) The Plaintiff’s aforementioned act constitutes grounds for disciplinary action under Article 78(1) of the Criminal Act, which violates Article 298 (Indecent Act by Compulsion) of the Criminal Act and Articles 56 and 63 of the State Public Officials Act.

C. The Plaintiff dissatisfied with the instant disciplinary action and filed an appeal review with the Ministry of Personnel Management, but on December 2019.

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