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(영문) 대법원 2014.10.30 2013다203413
손해배상(기)
Text

The judgment below

The part against the defendant is reversed, and that part of the case is remanded to the Panel Division of the Gwangju District Court.

Reasons

The grounds of appeal are examined.

1. In the case of disciplinary action against a state public official, if the person having authority over disciplinary action against a state public official demands the disciplinary committee to make a disciplinary decision, and the disciplinary committee, after which the person having authority over disciplinary action against a state public official requested the disciplinary committee to make a disciplinary decision, made a disciplinary action according to the contents of the disciplinary decision, if the disciplinary action is deemed to have been conducted by the disciplinary committee members or persons having authority over disciplinary action according to the autonomous decision of the person having authority over disciplinary action, and if it is not unreasonable to take the disciplinary action in light of the grounds for disciplinary action actually recognized, it shall be deemed that the disciplinary action is caused by the wrong interpretation of the Acts and subordinate statutes concerning the seriousness of disciplinary action by non-legal experts or the person having authority over disciplinary action, barring special circumstances. Thus, in such a case, the

(2) The court below held that the disciplinary action against a public official can be deemed an unlawful act in relation to the pertinent public official, even if the disciplinary action against a person having an authority to take an action against a disciplinary action against a person having an authority to take an action against a public official intentionally, under the intent to put him/her at a disadvantage even though there is no reason to take the disciplinary action against the person having an authority to take an action against a public official, if it is objectively obvious and clear that the facts caused by the disciplinary action cannot be deemed as a reason for the disciplinary action, or if it is objectively obvious that the facts caused by the disciplinary action cannot be deemed as a reason for the disciplinary action, such circumstances can be easily recognized. However, if it is evident that the exercise of the authority to take an action against a public official is not permissible in light of our sound social norms and social norms, such disciplinary action is denied, and it causes damage to the other party illegally, and thereby,

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