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(영문) 서울행정법원 2020.02.07 2019구합72748
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. On August 27, 2012, the Plaintiff is a person who was appointed as a teacher to the Daejeon Regional Correctional Agency Third Prisons (Seoul Regional Correctional Agency). On October 22, 2018, the Plaintiff was dismissed due to the instant disciplinary action that is deemed below while serving in the Daejeon Regional Correctional Agency.

B. On September 16, 2018, the Plaintiff: (a) driven the DNA rocketing vehicle from the front of a restaurant located in the U.S. in the Seoul Northern-gun of the Seoul Northern-gun to the front of the “C” located in the same Gun located in the 10km section; (b) was driven under the influence of approximately 0.234% of the blood alcohol concentration at the 10km section; (c) was driven by the victim (24 years old) from the front of the said rocketing vehicle on which a yellow on-off signal was installed; and (d) sustained injury, such as cageing at least 4 weeks at the left 9 weeks of the said rocketing vehicle.

(hereinafter referred to as "subject case"). (c)

On October 29, 2018, the prosecutor of the Jeonju District Prosecutors' Office filed a request with the Jeonju District Court for a summary order of KRW 7 million with the rate of the Plaintiff’s violation of the Act on Special Cases Concerning the Handling of Traffic Accidents and the Violation of the Road Traffic Act (e.g., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e.,

On November 16, 2018, the head of the Daejeon Correctional Institution requested the General Disciplinary Committee of the Ministry of Justice (hereinafter referred to as the "Disciplinary Committee") to make a resolution on the subject case, and on February 13, 2019, the Disciplinary Committee passed a resolution on disciplinary action against the Plaintiff on the ground that the Plaintiff violated his/her duty to maintain dignity under Article 63 of the State Public Officials Act, and the Defendant issued the same disposition as the above result on February 28, 2019.

(hereinafter “instant disciplinary action”). E.

On March 13, 2019, the Plaintiff appealed and filed a petition for personnel affairs with the Ministry of Personnel Management with the Appeal Committee (see the third party of the complaint). On April 30, 2019, the said Committee rendered a decision to dismiss the said petition.

(A) Evidence No. 1.

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