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(영문) 수원지방법원안양지원 2015.04.03 2014가합104174
파면 및 승진임용취소 무효확인 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. In order to contribute to the economic and social development of rural communities by implementing rural development projects on January 1, 200, comprehensively managing agricultural infrastructure, and promoting agricultural productivity, the Defendant is a corporation incorporated by combining the existing Farmland Improvement Association, the Farmland Improvement Association, and the Rural Development Corporation.

B. On June 10, 1995, the Plaintiff was newly employed in Grade 5 at the branch office of the Rural Development Corporation, and was promoted to Grade 4 on November 1, 1997. The Plaintiff passed the promotion examination for Grade 3 implemented on November 27, 2010, and was promoted to Grade 3 on January 25, 201, and served at the Defendant’s regional headquarters D team from January 21, 2013.

C. On February 3, 2014, the president of the Defendant demanded a disciplinary resolution against the Plaintiff on the ground that the Plaintiff violated Article 4 (Duty to Observe), Article 12 (Prohibition of Brokerage, Solicitation, etc.) of the Rules of Employment for Officers and Employees, and Articles 17 (Restrictions on Offering Money and Valuables) of the Rules of Employment by providing the Defendant with an advance examination issues and answers during the promotion examination for Grade 3.

On February 14, 2014, the Defendant’s senior personnel committee decided to dismiss the Plaintiff on the same day (hereinafter “instant removal”) on the grounds that the Plaintiff committed the following misconduct (hereinafter “instant misconduct”), thereby violating the statutes, the articles of incorporation, and the regulations, etc., and reported the aforementioned contents to the media, seriously damaged the Defendant’s honor and dignity, disrupted the public service culture, and breached the duty under the good faith principle that is required between the employer and the employee, and accordingly, the Defendant removed the Plaintiff on the same day (hereinafter “instant dismissal”). On January 21, 2011, the Defendant notified the Plaintiff of the cancellation (hereinafter “the instant personnel management-304”) of the cancellation of the appointment appointment appointment of class 3 employees (hereinafter “the instant personnel management-304”).

① On September 2007, the Plaintiff received the proposal of E that “The Plaintiff is entitled to pay in advance the issues and answers relating to the promotion examination.”

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