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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Details of the disposition;
A. The Plaintiff was appointed as a fire-fighting official on January 1, 1996, and served as B fire-fighting assistant from May 22, 2015.
B. On March 15, 2019, a notice of “C” was issued on the bulletin board of the Gyeonggi-do Office’s “Logle”, the chief of B fire station requested disciplinary action against the Plaintiff to the B fire-fighting department for the following reasons as a result of self-inspection. The said disciplinary committee decided to punish the Plaintiff on June 3, 2019.
Accordingly, on June 17, 2019, the defendant made a demotion against the plaintiff.
(hereinafter “Disposition in this case”). Article 48 (Duty of Fidelity) of the Local Public Officials Act provides that “All public officials shall observe the law and perform their duties in good faith,” and Article 55 (Duty of Maintenance of Dignity) of the Regulations on the Service of Fire Officials shall not perform any act detrimental to their dignity.” Article 3 (Duty of Maintenance) (1) of the Regulations on the Service of Fire Officials provides that “fire officials shall observe each other’s superior, subordinate, and fellows, and shall display a sense of good faith.” Article 3 (2) 1 of the Regulations on the Service of Fire Officials provides that “fire officials shall be the model of citizens in their public and private life, and shall not slander or dispute other persons, and shall not neglect their duties, such as fire service activities,” and Article 7 (Rules on the Services of Fire Officials shall not abandon their duties.” Article 12 of the Regulations on the Service of Fire Officials provides that “The title to supervisor and supervisor shall be omitted for their superior’s position.”
The plaintiff's suspicion of misconduct was investigated;
1. A fighting match with a superior or a volunteer staff member ① D Center E team leader verbal abuse on Jun. 10, 2016, ② D Center’s abusive speech on Feb. 8, 2017, ③ A team leader of the field response team on Jan. 6, 2019.