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(영문) 창원지방법원 2019.08.29 2019구합50432
징계처분취소
Text

1. The Defendant’s disciplinary action against the Plaintiff on May 8, 2018 shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of disposition;

A. From around 2013 to August 3, 2015, the Plaintiff served as the Maritime Base Headquarters C commander, and was in charge of military accommodation management, etc.

B. On July 22, 2015, the Plaintiff: (a) provided broadcasting and Internet services to each household in the name of “D Management Body” (hereinafter “E”) and “E” for the executive members and employees of the Maritime Affairs and Ports of B (F buildings, G buildings, and H buildings total of 1,980 households); (b) provided TV, etc. necessary for the use of the services; (c) transferred TV, etc. to the D Management Body upon the lapse of three years after the agreed period; and (c) provided the place and electricity necessary for the installation and maintenance of related equipment; and (d) concluded a broadcasting and communications service management agreement with the content that the D Management Body collects and pays in a lump sum.

(hereinafter “instant contract”). The Plaintiff entered his name in the contract as the representative of the D Management Body.

C. On May 8, 2018, the Defendant was subject to the Plaintiff’s disciplinary action for two months of salary reduction due to the Plaintiff’s breach of duty (limited to negligence of duty) with respect to the following misconduct.

1. In the process of selecting a company to enter into a contract for cable broadcasting and Internet supply on behalf of the State on behalf of the State in 2015, in 1,980 rooms such as the Navy F Building Executive Staff Members of the Navy, etc., under Article 7(1) of the Act on Contracts to Which the State Is a Party (hereinafter “State Contract Act”), the State entered into a contract through a general competition procedure, but instead, failed to conduct a review thereof, and entered into a private contract with the Party E, a specific company, and entered into a faithful breach of duty (limited to the breach of duty) (i) by signing a private contract (Disciplinary Reason);

2. On July 22, 2015, a disciplinary person provided cable broadcasting and internet services to 1,980 rooms, such as E and the executive accommodation of the building E and the Navy, on behalf of the State.

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