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(영문) 서울행정법원 2020.09.25 2020구합54906
징계예정처분취소
Text

The plaintiff's lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff was to be appointed as a public educational official at the time of the instant notification, as seen below, and was appointed as a elementary school teacher on March 1, 2020 after the instant lawsuit was filed.

B. On September 30, 2019, the Defendant notified the Plaintiff on September 30, 2019 of the result of a specific audit to the effect that, since the act of misconduct committed at the time of attending the Plaintiff’s University constitutes grounds for disciplinary action under Article 78 of the State Public Officials Act

(A) Evidence No. 1, hereinafter referred to as “instant notification”). (c)

Article 25 and Article 25 (Application, etc. for Review) (1) of the Act on Public Audit (Application, etc.) (1) When the head of an institution subject to self-audit notified by the head of a central administrative agency, etc. who has conducted a self-audit of the audit results, deems that the audit results are illegal or unjust, the plaintiff may apply for re-deliberation to the head of the central administrative agency, etc. who

Provided, That Article 6 (3) through (5) of the Act on Liability of Accounting Personnel, Etc. shall apply to the objection to an order for compensation.

(2) Where a request for re-deliberation is filed under paragraph (1), it shall be accompanied by clearly stating the grounds for and details of the request and where necessary evidential data

(3) The heads of central administrative agencies, etc. in receipt of an application for reexamination under paragraph (1) shall have self-audit organizations examine the application for reexamination without delay.

In such cases, an application for reexamination shall be rejected if it fails to meet the requirements.

(4) Where the head of a central administrative agency, etc. deems that an application for reexamination under paragraph (1) is groundless, he/she shall dismiss the application and revoke or revise the audit results.

(5) The head of a central administrative agency, etc. in receipt of a request for reexamination under paragraph (1) shall process it within two months from the receipt of such request.

(6) Other matters.

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