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(영문) 서울행정법원 2018.04.27 2017구합2707
출석정지 징계처분 취소
Text

1. The Defendant’s 30-day suspension of attendance against the Plaintiff on April 14, 2017 shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. The plaintiff is a member of the Special Committee on Budget and Accounts who is the defendant's Gu Council, and the representative of B childcare center located in Jung-gu Seoul Metropolitan

B. Upon receipt of a report that the Plaintiff violated the Local Council member’s Code of Conduct (hereinafter “Code of Conduct”), the Anti-Corruption and Civil Rights Commission visited the Defendant during the period from February 9, 2017 to February 10, 2017, and investigated the reported matters. On March 7, 2017, the Anti-Corruption and Civil Rights Commission notified the Defendant of the result of disciplinary action, etc., as the Plaintiff did not report it to the Speaker in writing (Article 15 of the Code of Conduct) even if he/she intends to engage in profit-making activities in relation to his/her duties, and the Plaintiff did not report it as the representative of B Child Care Center, and notified the result. ② The Special Committee on Budget and Accounts in the latter part of February 2014 and 2015, in which the Plaintiff participated, or where the budget deliberation of the Special Committee on Budget and Accounts in the second part of February 2015 was directly related to the Plaintiff, and the Plaintiff made self-inspection as to whether it violated the provisions of Article 4 of the Code of Conduct.

C. On April 14, 2017, the Defendant held a plenary session to decide on the disciplinary action of suspending attendance (hereinafter “instant disposition”) against the Plaintiff for 30 days (from April 14, 2017 to May 13, 2017).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 13, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion of this case should be revoked as it is unlawful due to procedural and substantive defects as set forth below.

1. The defendant must refer the disciplinary action against the plaintiff to the Special Committee on Ethics without referring the disciplinary action to the Special Committee on Ethics.

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