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(영문) 광주지방법원 2018.08.23 2017구합13097
징계처분 취소청구의 소
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 joined the Defendant around December 1996 and served as the head of the investigation team of the Defendant B’s regional headquarters’s business plan from February 1, 2012, and C served as the investigation team of the same department from February 10, 2009.

B. According to the request for disciplinary action made on February 25, 2016 by the Board of Audit and Inspection on August 23, 2017 and the decision to dismiss a retrial made on July 20, 2017, Article 4 subparag. 1 of the Defendant’s Rules of Employment states that “the Plaintiff shall comply with and faithfully perform his/her duties as a matter of law or the Korea Rural Community Corporation’s articles of incorporation and duties order.” Considering that the Defendant violated Article 48(1) of the Defendant’s Rules of Personnel Management, where an employee falls under any of the following, the Defendant shall request a disciplinary resolution and take disciplinary action according to the resolution:

1. When he violates Acts, subordinate statutes, articles of incorporation and various regulations, or does not obey any justifiable order on duties;

2. When he violates or neglects his duties;

3. It provides that regardless of the substance of his/her duties, the dismissal of the Plaintiff from office (hereinafter “instant disposition”) following a resolution by the Defendant’s superior personnel committee. According to the foregoing, the Plaintiff took a disciplinary action against the Plaintiff (hereinafter “instant disposition”). From February 1, 2012 to July 17, 2015; and C, from February 10, 209 to January 19, 2015, while serving in the Defendant’s regional headquarters’s business plan book, had the Defendant temporarily employ necessary human resources for six projects, such as “D projects,” and had them conduct an on-site investigation, and pay personnel expenses for such activities. C From February 1, 2012 to February 19, 2013, C dealt with the duties of taking part in daily work E under the direction of the Plaintiff.

7. 9. By September, preparing a letter of demand for and receipt of acceptance as if the Plaintiff actually worked, and obtaining approval from the Plaintiff.

Afterward C is personnel expenses from Defendant B’s regional headquarters on July 24, 2013 to E’s account on July 24, 2013.

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