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(영문) 서울고등법원 2016.08.23 2016누37548
파면처분취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons for the court's explanation concerning this case are as follows: (a) the police officer in charge under the 7th sentence of the first instance judgment "the police officer in charge" as "the person in charge"; (b) each of the "Code of Conduct for Police Officials of the National Police Agency" as "Code of Conduct for Public Officials of the National Police Agency" under the 7th and 12th sentence; and (c) the following subparagraph (2) is the same as the entry of the reasons for the first instance judgment, and therefore, (c) the same shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act

2. Additional determination

A. The Plaintiff’s assertion (1) C and D are not related to their duties, and even if the Plaintiff received money from them, there is no quid pro quo, and thus, they do not violate the National Police Agency’s Code of Conduct or violate the duty of integrity under the State Public Officials Act.

(2) According to Article 8 (Concurrence of Disciplinary Grounds) of the Regulations on Disciplinary Measures, etc. against Police Officers, when two or more violations of duties are concurrent, a disciplinary decision or a disciplinary decision may be made at a level higher than those falling under the serious breach of duties. Even if the Plaintiff is deemed to have violated the duty of integrity, the Plaintiff did not commit two or more breach of duties, and thus, the instant disposition based on the premise that the Plaintiff does not constitute such violation is unlawful.

B. (1) Determination on whether a person is related to duty (A) and Article 61 of the State Public Officials Act provides that “A public official shall not give or receive, directly or indirectly, reward donation or entertainment in connection with his/her duties,” and Articles 14 and 16 of the Code of Conduct for Public Officials of the National Police Agency provide that “a public official shall not receive money or goods from a person related to his/her duties, and shall not borrow money from a person related to his/her duties.”

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