(영문) 서울고등법원 2017.02.22 2016누48463

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(영문) 서울고등법원 2017.02.22 2016누48463

정직처분 및 징계부가금 부과처분 취소청구

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the dismissal or addition of part of the judgment of the court of first instance as follows. Thus, it shall be cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

Part 10 of the Table 5 is not “..............” under the Table 5, the provisions of Articles 56 (Duty of Fidelity) and 57 (Duty of Fidelity) of the State Public Officials Act were not determined among the applicable provisions of Acts identified as the facts causing disciplinary action.”

Article 11-12 of the 6th party's "transfer of the institution of this case" is dismissed as "over the same time as the institution of this case" and Article 15-16 of the 15-16 of the 6th party's "the grounds alone are difficult to see," and it also includes the grounds that not only violates the duty to maintain the dignity of public officials, but also constitutes a violation of the duty to maintain good faith or the duty to obey good faith, such as the good faith of meal expenses collected among the grounds stated in the resolution of this case or the violation of the Police Reward Guidelines."

A witness of the first instance trial shall be added in the front of the "T" of the 10th 12th place.

Part 4 to 5 of the 13th table "(No. 6) was stated "(W)" as "after making a statement, the amount collected over five times was 50,000 won (No. 6 and No. 7)."

The “BF” in Part 5 of the 14 is dismissed as “BF,” and the “F” in Part 6 is added as “BD, BI, and BE,” and the “Certificate 32” in Part 7 is added as “30,32.”

2. In conclusion, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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