1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. On September 25, 1990, the Plaintiff was appointed as a public official in technical service belonging to the Office of Education of Ulsan Metropolitan City from April 1, 2010 to November 19, 2015, and was in charge of school accounting expenditure and cash management other than the revenue and expenditure, such as salaries, public charges, and tuition fees for after-school courses, as assistants of school accounting accounting officials at B middle schools, C elementary schools, and D elementary schools located in Ulsan-gun, Ulsan-gu, Ulsan-gu, Ulsan-gu, and E elementary schools located in Ulsan-si from November 19, 2015

B. On March 28, 2016, the Defendant issued a disposition to dismiss the Plaintiff pursuant to Articles 69(1) and 69-2 of the Local Public Officials Act and impose surcharges for disciplinary action (=48,927,580 won x 2 times) on the ground that the Plaintiff, from November 23, 2010 to December 22, 2014, 48,927,580 won, including the school accounting expenditure, etc., of the said four schools, were embezzled for personal purposes, such as payment of the card price, thereby violating the duty of good faith under Article 48 of the Local Public Officials Act.

C. On June 16, 2016, the Plaintiff appealed and filed an appeal review with the Education Review Committee of Ulsan Metropolitan City. On the other hand, the Education Review Committee dismissed the claim for revocation of dismissal on June 16, 2016, and on the other hand, rendered a decision to change the above disciplinary surcharge amounting to KRW 48,927,580 (hereinafter the above reduced surcharge amounting to KRW 48,927,580) (hereinafter the above reduced surcharge amounting to KRW 48,927,580).

The Plaintiff was indicted by Ulsan District Court 2015Kadan629 on the charge of embezzlement, which served as the ground for the instant disposition, and was sentenced to a suspended sentence of two years on July 21, 2016. Both of them appealed with Jeonju District Court 2016No1215, but both of them appealed with Jeonju District Court 2016No1215 on October 14, 2016, and the said judgment became final and conclusive around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 8, 10 (including additional number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion ① visited the auditor's office of education in Ulsan Metropolitan City, Ulsan Metropolitan City Office of Education to voluntarily surrenders himself to his embezzlement, and ② The defendant of this case.