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(영문) 서울행정법원 2019.09.06 2019구합53518
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 October 30, 1989, the Plaintiff was promoted to a public official of correctional service appointed on October 30, 1989, and to an assistant principal (Grade VI) on August 8, 2016.

From August 8, 2016 to August 6, 2017, the Plaintiff served in the Daegu prison. From August 7, 2017 to January 7, 2018, the Plaintiff served in the B detention center as the security team leader, the accommodation team leader, and the accommodation team leader.

B. On December 28, 2017, the Plaintiff was given warning from the head of the B detention center on the grounds of “non-performance of duties - omission of counseling records, etc.” and was transferred to the Incheon detention center on January 8, 2018.

1) ADDDD ACT ACT ACT ACT. - Giving convenience to organized violence offenders, such as prisoners, - omitting reporting after frequent consultation with specific prisoners (hereinafter “grounds for disciplinary action 1”).

(2) The Plaintiff, while working in the B detention center from August 7, 2017 to November 26, 2017, provided consultation with Dmp C over 20 times at the confinement team office, and provided consultation with Dmp E over 5 to 6 times at the confinement team office, but omitted the content of consultation, such as failing to report to the superior chief of security and the head of the Dong administration, and failing to record the record in the Dong administration record and the head of the Dong administration observation department, in accordance with the relevant statutes. 2) The Plaintiff provided convenience to organized violent offenders, such as prisoners C - Illegal liaison (hereinafter “the ground for disciplinary action 2”), who were working in the B detention center (hereinafter “the ground for disciplinary action”), without undergoing due process for 49 times from August 8, 2017 to December 31, 2017.

3) LOF-Provision of convenience to prisoners F - Illegal liaison (hereinafter referred to as “third disciplinary ground”).

() On December 5, 2017, the Plaintiff, while working in the B detention center, sent the awareness of death to F to the prisoner F at the confinement team office office around 12:30 on December 5, 2017, and called F’s spouse (G) via the internal telephone of the office for the purpose of additional notification of specific facts. During the telephone call, the Plaintiff arbitrarily opened the phone to F and sent the phone to F’s spouse for three to four minutes. 4) The relationship is inappropriate with the person with the capacity of acceptance.

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