Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is a person employed in the employment procedure for street cleaners in January 1, 2017 by the Defendant and served as a street cleaners who is a inorganic contract worker from January 1, 2017.
B. On September 28, 2018, the Plaintiff’s father C requested that D pay for the help the Plaintiff, who is a child from D in charge of cleaning administration of B-gu office in early November 2016 and the service management and new employment of street cleaners belonging to B-gu office, as a street cleaners, to be employed by B-gu office. On November 8, 2016, the Plaintiff granted D KRW 5 million a cashier’s checks to D at a restaurant where the trade name influent overlaps in the location of the head office of the Si-dong-gu Busan, Busan, and KRW 30 million a total of KRW 5 million absent 5 million absent, around November 8, 2016.
“The crime of offering of a bribe was sentenced to a two-year suspended sentence for one year due to the crime of the crime of offering of a bribe (Seoul District Court 2018Gohap80), and the above judgment became final and conclusive as it is (hereinafter “relevant criminal judgment”). (c) When the relevant criminal judgment became final and conclusive, the Defendant held a personnel committee for public service on November 12, 2018, and the said personnel committee decided to dismiss the Plaintiff based on Article 22 Subparag. 5 of the Defendant’s regulations for the management of street cleaners and Article 47(1) of the Regulations for the Management of Public Service. D. Accordingly, on November 19, 2018, the Defendant issued a notice of dismissal to the Plaintiff on November 21, 2018.
(hereinafter “instant dismissal disposition”) e.
On the other hand, the part of the defendant's regulations on the management of street cleaners and the regulations on the management of public service is as shown in the attached Form
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 5, and 10 evidence (including branch numbers; hereinafter the same shall apply) and the purport of whole pleadings
2. The dismissal of the Plaintiff’s assertion is null and void for the following reasons.
(1) Article 47 of the Regulations on Management of Public Service shall only apply to the dismissal of the plaintiff who is a street cleaners, and Article 47 of the Regulations.