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(영문) 서울행정법원 2020.03.03 2019구합65832
해임처분취소
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. The Plaintiff was appointed as a health clerk on December 31, 1999 and served as dental technicians (medical technology injection) at B Hospital dental hospitals and was released from his position on February 24, 2016.

B. On December 7, 2016, the Plaintiff was sentenced to a fine of KRW 10 million, upon recognition of a criminal charge of occupational breach of trust, the Plaintiff: “The Plaintiff, without receiving and processing the fee from the director of the Seoul Eastdong District Court 2016 High Court 201Mo272, “The Plaintiff,” as the director of the B Hospital Dental department (technical officer) and B Hospital, did not perform the process of receiving the fee; the Plaintiff, following the public invitation, introduced the patient’s clinical operation to C; and C, without stating the details of the clinical operation in the medical record and prescription, did not enter the clinical operation in the prescription, obtained pecuniary benefits from four patients in total from November 18, 201 to November 22, 2013; and was sentenced to a criminal charge of occupational breach of trust.”

Therefore, the Plaintiff appealed as Seoul Eastern District Court 2016No2049, but the appeal was dismissed on August 18, 2017, and the appeal was filed by Supreme Court Decision 2017Do14611, but the appeal was dismissed on January 31, 2019, and the judgment of the first instance became final and conclusive.

(hereinafter “instant criminal case”). C.

On April 7, 2017, as the Central Disciplinary Committee recognized the facts of suspicion of disciplinary action (hereinafter “instant disciplinary action”) as follows, it decided to punish the Plaintiff on the ground that disciplinary action under Article 78(1) of the State Public Officials Act is recognized by violating Article 56 (Duty of Fidelity) and Article 61 (Duty of Integrity) of the same Act. On April 17, 2017, the Defendant issued a disciplinary action against the Plaintiff for dismissal (hereinafter “instant disciplinary action”) pursuant to Article 19 of the Decree on Punishment of Public Officials.

After the plaintiff conspireds with the dentist C with the "satisfic construction work", the medical expenses for the amount equivalent to the number of dental fees when the patient performed a catfic operation.

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