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1. The claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On September 5, 1997, the Plaintiff was appointed as a Seoul Special Metropolitan City Local Administrative Officer, and transferred to Ansan on April 15, 2008, and from February 5, 2018, the Plaintiff served as a local administrative assistant in the Myeon Office B from Ansan-si Office.
B. On June 17, 2009, the Plaintiff was issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act at the Lanwon District Court’s Pyeongtaek Housing Site on June 17, 2009, and was subject to a disciplinary disposition for February 13, 2009, by dividing the degree of illness from 19:00 to 23:00,000, by dividing it into two illnesss, and driving a passenger’s vehicle under the influence of alcohol concentration of 0.166% after drinking.
In other words, on October 1, 2013, the Plaintiff was issued a summary order of a fine of KRW 4 million for the same crime at the above court on August 1, 2013, and was subject to a disciplinary disposition for one month suspension from office on November 18, 2013.
C. On June 22, 2018, at around 23:15, the Plaintiff was sentenced to imprisonment with prison labor for 6 months and suspended execution for 2 years (hereinafter “instant criminal judgment of the first instance court”) as a crime of violation of the Road Traffic Act by Suwon District Court 2018Da4217, on November 7, 2018, on the ground that there exist reasonable grounds to recognize that he/she was driving under the influence of alcohol, such as smelling, snicking, snowing, snowing, etc. without accuracy of singinginging, and refusing to comply with the alcohol measurement by a police officer (hereinafter “instant misconduct”), and was sentenced to a judgment of two years (hereinafter “instant criminal judgment”).
On August 9, 2018, the Defendant requested the Gyeonggi-do Personnel Committee to take a heavy disciplinary measure against the Plaintiff, and on December 17, 2018, the Gyeonggi-do Personnel Committee decided to dismiss the Plaintiff on the ground that the Plaintiff committed the instant misconduct and violated Article 55 of the Local Public Officials Act, thereby falling under Article 69 (1) 3 of the same Act. Accordingly, the Defendant on January 3, 2019.