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(영문) 서울행정법원 2018.11.29 2018구합5352
강등처분취소
Text

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. From July 24, 2017 to September 28, 2017, the Plaintiff is a public official of Grade VI in local administration of Seoul Special Metropolitan City, who was released from position on January 11, 2018, while serving in the Climate Environment Headquarters B department in Seoul Special Metropolitan City following a transfer to an administrative office on September 29, 2017.

Around September 21, 2017, the Plaintiff’s sexual harassment on the job (hereinafter “Disciplinary Reason 1”) committed against a team employee of the same department B of the relevant department at the time, was determined as “sexual harassment on the job” through the investigation by the citizen human rights protection officer and the deliberation by the Civil Human Rights Remedy Committee and the Sexual Harassment Review Committee.

On September 25, 2017, matters related to unauthorized removal from work place and business trip (hereinafter “Disciplinary Reason 2”) were sent to the office without reporting in advance and without returning to the office. On July 27, 2017, through September 25, 2017, two times ( September 22, 2017, September 25, 2017, September 25, 2017) during the business trip from July 27, 2017 to September 25, 2017, there was a fact that, unlike the purpose of the business trip, the business trip spent the hours on the personal day and took a false business trip.

On or after the date of the transfer of the department, the date of call received by the Plaintiff through the Plaintiff-only administrative telephone (C) during the period of 45 days (except on a daily basis, on a public holiday) was 10 days, and there was no case of the details of call receipt for the remaining 35 days.

Accordingly, there is a fact that there has been an obstacle to the performance of duties of other staff members due to the resistances and duties of those related to the contact in contact.

The plaintiff's act is in violation of Articles 48 (Duty of Fidelity), 50 (Prohibition of Deserting from Office), and 55 (Duty of Maintenance of Dignity) of the Local Public Officials Act and Article 5 (Basic Duty of Performance of Duties) of the Code of Conduct for Public Officials of Seoul.

B. On April 16, 2018, the Seoul Special Metropolitan City Personnel Committee passed a resolution on disciplinary action against the Plaintiff, and the Defendant, in accordance with such a resolution, shall be subject to Article 69(1)1 and 3 of the Local Public Officials Act on May 1, 2018.

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