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(영문) 청주지방법원 2016.04.14 2016구합10010
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 January 1, 1989, the Plaintiff was appointed as a local public official of Chungcheongnam-do as of February 7, 2005, and thereafter is a public official who is in office in Boan-gun B from July 1, 2014 until then.

B. On October 28, 2015, the Defendant dismissed the Plaintiff pursuant to Article 48 (Duty of Good Faith) and Article 55 (Duty of Maintenance of Dignity) of the Local Public Officials Act, Article 69 (1) of the same Act, and Article 2 (Criteria for Disciplinary Action or Disciplinary Additional Charges) of the Rules on the Determination of Disciplinary Action against the Local Public Officials of Boli-gun.

The Plaintiff, a local public official belonging to the Chungcheongbuk-do Branch B, is a public official belonging to the Chungcheongbuk-do branch, and was in a sexual intercourse with a person other than his/her spouse in the office of the National Assembly and office of the Korea Coast Guard (hereinafter “instant disciplinary action”), around February 7, 2013 to October 24, 2013 (hereinafter “the fact of disciplinary action”), and was in a sexual intercourse with another person other than his/her spouse on 17 occasions (hereinafter “the fact of disciplinary action”), on February 7, 2013, the Plaintiff applied for overtime work and received 19,830 won around the above D apartment 303 (hereinafter “the fact of disciplinary action”), and was in a sexual relationship with the above D apartment 303, and was in a sexual relationship with the above D apartment 19,830 won (hereinafter “the fact of disciplinary action”), and was in a sexual relationship with the public official of the Republic of Korea on 201 through May 26, 2011.

C. On November 13, 2015, the Plaintiff dissatisfied with the above dismissal disposition, filed a petition review with the local appeals review committee of Chungcheongbuk-do, and the said review committee is a small amount of the non-payment of overtime work allowance and it is difficult to recognize the intentionality of overtime work allowance, and the crime of adultery is committed.

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