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(영문) 서울행정법원 2019.01.18 2018구합70387
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. After being appointed as a customs secretary on May 6, 2002, the Plaintiff was in charge of C affairs in the Incheon Customs Office of Korea from February 13, 2017 to November 12, 2017.

On July 14, 2017, “D” gives and receives entertainment equivalent to 14,00 won (food and drinking) from E, who is a person related to his/her duties, and receives entertainment equivalent to 18,000 won from nearby singing rooms. On July 17, 2017, “G” restaurants located in Incheon F, gives and receives entertainment equivalent to 20,000 won (food and drinking) from E, who is a person related to his/her duties, and receives entertainment equivalent to 125,000 won (the first cost) from H H located in Nam-gu Incheon Metropolitan City, and entertainment equivalent to 200,000 won (the second entertainment expense) from E, a person related to his/her duties, located in the Nam-gu Incheon Metropolitan City, to receive entertainment equivalent to 33,3333 won (the second cost) from E, a person related to his/her duties, and 250,000 won (the second cost of entertainment from 27,017).

On December 12, 2017, the Korea Customs Service General Disciplinary Committee decided on the ground that the Plaintiff violated Article 61 (Duty of Integrity) of the State Public Officials Act by receiving entertainment and money and valuables of KRW 810,33,00 from July 14, 2017 to July 28, 2017 in relation to his/her duties as indicated in the following table, and the Defendant dismissed the Plaintiff on December 18, 2017.

(hereinafter “instant disposition”). C.

Although the Plaintiff filed a petition review on the instant disposition, the Plaintiff rendered a final decision to dismiss the Plaintiff’s claim on April 10, 2018.

【Ground for recognition】 The fact that there has been no dispute, Gap Nos. 1, 8, Eul No. 4, 5, 8, and 9, the purport of the whole pleadings

2. An entry in the attached Form of relevant Acts and subordinate statutes;

3. Whether the instant disposition is lawful

A. The summary of the Plaintiff’s assertion is only that of the “inspection” in customs office.

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