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(영문) 수원지방법원 2016.10.25 2016구합60691
징계처분취소
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. From January 1, 2010 to July 23, 2013, the Plaintiff served as a person in charge of examination of medical care expenses in performing official duties, and was in charge of budget execution and receipt and disbursement related to the cost of printing on the form of medical records.

B. On July 10, 2015, the Defendant took disciplinary action against the Plaintiff under Article 37 of the Act on the Management of Civilian Personnel in the Military Service (hereinafter “instant disciplinary action”) for the following reasons (hereinafter “instant misconduct”).

Facts subject to disciplinary action (Evidence A No. 1, B No. 5)

1. Since the Plaintiff breached its duty of good faith (misappropriation of public funds in the course of performing duties) has specified the purpose of using the printing cost for the printing cost, inducement cost, promotional products production cost, etc., the Plaintiff purchased a line flag of KRW 119,000 for the market price of KRW 119,000 for the first time in July 2013, and arbitrarily consumed and appropriated the printing cost for the duty of records that the Plaintiff used for the personal purpose.

2. The Plaintiff violated the duty of fair trade (Preparation of False Official Document) committed a false preparation of the relevant document in order to conceal his misconduct by purchasing the wind and straw standards set out in paragraph 1.

Done at the early July 2013, 2013, the document executed KRW 486,00,00 for the printing cost of the mandatory recording style, which purchased 20 stuffs A4 from E (Songnam-si).

However, in fact, there was no fact that 486,00 won for printing of the medical record format was purchased at 119,000 won for the market price, such as purchase of strawle which is 83,00 won for the market price, and so there was no fact that 20 boxes for A4 paper 20 for the medical record format was purchased.

As a result, I prepared a false document as if the paper A4 was actually purchased for the purpose of exercising.

3. The Plaintiff violated the duty to comply with the law (violation of duty related) has duly prepared a false official document prepared as described in paragraph 2 around July 2013.

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