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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On September 4, 1992, the Plaintiff was appointed as a military public official of B, and served in B military investment policies from September 4, 2017 to July 31, 2018.
B. B around January 2012, the name was changed to the Ministry of Agriculture, Food and Rural Affairs according to the Government Organization Act amended by Act No. 11690 on March 23, 2013.
On March 15, 2012, the Minister filed an application with the Minister for Food, Agriculture, Forestry and Fisheries for a project to create and develop an agro-industrial complex (hereinafter referred to as “instant project”), and the Minister for Food, Agriculture, Forestry and Fisheries selected B as a subsidy project subject to subsidies, and the Minister for Food, Agriculture, Forestry and Fisheries selected B as a subsidy project operator.
C. On December 4, 2014, the Defendant determined to implement the instant project as a complete private development method, and designated D Co., Ltd. (hereinafter “Nonindicted Company”) as the project implementer of the instant project. On the other hand, from December 2014 to May 21, 2018, the Defendant granted KRW 5.429 billion in total to Nonparty Company. The Plaintiff, as a person in charge of the execution and management of the instant project and the granting of subsidies, was in charge of granting KRW 80 million subsidies (hereinafter “instant subsidies”) to Nonparty Company around May 2018.
As a result of the audit of the instant project, etc. from November 26, 2018 to December 14, 2018, the Board of Audit and Inspection determined that public officials, including the Plaintiff, were unfairly granted subsidies to the non-party company in violation of the Subsidy Management Act (hereinafter “Subsidy Management Act”), and decided to request the Defendant to take a disciplinary measure of suspension from office under Article 72 of the Local Public Officials Act.
E. On September 18, 2019, the Defendant violated the duty of good faith under Article 48 of the Local Public Officials Act upon the Plaintiff’s request for a disciplinary resolution by the Jeonnam-do Personnel Committee.