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(영문) 부산고등법원 2016.02.03 2015누23038
해임처분취소 등
Text

1.The judgment of the first instance shall be modified as follows:

Defendant’s KRW 67,932,500,000,000,000 to the Plaintiff on October 22, 2014.

Reasons

1. Details of the disposition;

A. The Plaintiff is a public official of August 10, 1987, who was appointed as a local architect, and served in the Gyeongnam-do City B-Gun City from July 1, 2007 to Ulsan Metropolitan City B-Gun team leader, from August 10, 201 to B-Gun policy group and team leader, from August 10, 201 to B-Gun future vision promotion group, and the director of the building division of B-Gun office from July 10, 2013 to the team leader.

B. On October 22, 2014, the Defendant imposed a dismissal disposition (hereinafter “instant dismissal disposition”) on the Plaintiff following a resolution of the Committee for Personnel in Ulsan Metropolitan City (hereinafter “instant dismissal disposition”) and a disposition imposing KRW 90,576,670 equivalent to KRW 22,64,167, which is the amount subject to disciplinary action, as disciplinary surcharge.

According to Articles 48 (Duty of Fidelity) and 53 (Duty of Integrity) of the Local Public Officials Act, “public officials shall observe Acts and subordinate statutes, perform their duties faithfully, and shall not directly or indirectly give or receive any reward, donation, or entertainment in connection with their duties.” However, the Plaintiff was sentenced to suspension of execution of imprisonment of three years and six months from the Ulsan District Court for a year and six months from the date of being sentenced to a penalty of KRW 22,64,167, and a penalty of KRW 222,64,64,167, by having the total six persons, such as the head of the public facility team and the head of the construction division, work for the policy project, and the head of the public facility team, and the head of the construction division, enter into a total of seven insurance policies for the principal (C) who performs an insurance solicitor, such as duties-related business, and

C. On November 3, 2014, the Plaintiff dissatisfied with each of the above dispositions and filed a petition review with the Ulsan Metropolitan City Appeals Commission. On December 9, 2014, the said commission rendered a decision of dismissal on the part demanding revocation of the instant dismissal disposition, which was rendered on December 9, 2014, to reduce the penalty surcharge from three times (67,932,50 won) to three times (67,932,50 won) with respect to the part seeking revocation of the instant dismissal disposition.

(hereinafter referred to as the “instant imposition of the instant imposition of the surcharge” on October 22, 2014, which was reduced as above. [The grounds for recognition]

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