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(영문) 서울행정법원 2017.09.29 2016구합84665
파면처분취소청구
Text

1. The Defendant’s removal disposition against the Plaintiff on July 22, 2016 shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. From March 15, 2016 to July 8, 2016, the Plaintiff served as a policy planning officer in charge of formulating and controlling major business plans, checking and managing national tasks, etc.

The plaintiff, C (B) and D (Public Relations Officer) were to provide meals and drinking in the restaurant "I" located in Jongno-gu Seoul Metropolitan Government H, together with E (F Policy Director) and G (F reporters) from July 7, 2016 to 22:00.

(hereinafter “instant meeting”). B.

The participants on the day followed the drinking place by dividing the degree of 8 soldiers and 5 soldiers in beer and beer (However, G reporters did not drink), the plaintiff, E, and G caused a dispute.

E and G had worked in the middle of the dispute between the Plaintiff and the Plaintiff, and came back with C and D’s metre, and began to record the conversation with the Plaintiff under prior notification from that time.

(A) Nos. 15 and 16 (hereinafter “instant recording”) (hereinafter “instant recording”).

G around 20:25 on July 8, 2016, around 20:25, the following day, prepared the article in attached Table 1 (Evidence A 3-1) (hereinafter “instant article”) and put it on the F’s Internet site.

After that, there have been a large number of critical press reports on the plaintiff's remarks, public opinion to criticize the plaintiff was formed, and there was a civil petition demanding punishment such as removal of the plaintiff.

On July 22, 2016, the Defendant dismissed the Plaintiff due to the grounds for disciplinary action as follows.

(1) The Plaintiff made a statement at the instant meeting to the effect that “K” should not be a public official in drinking condition (hereinafter “Disciplinary Reason 1”) to the head of E at the instant meeting (hereinafter “instant disposition”).

In particular, it is sufficiently predicted that there may be problems related to the subsequent newsization as the E head points point out the danger and seriousness of the speech in the course of the dispute, and that there may be a lot of issues related to the cancellation of the speech and the article of the conversation.

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