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(영문) 부산지방법원 2016.06.30 2015구합2223
정직 등 처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

On March 1, 1993, the Plaintiff was appointed as a full-time lecturer in trade department and full-time lecturer at C University (in accordance with the National University Establishment Order amended by Presidential Decree No. 1511 on July 6, 1996, the D University was integrated into D University and C University), and was appointed as a professor at B University on April 1, 2004 through an associate professor and associate professor, and was employed as a professor at B University until now.

Around March 2012, 2012, SPS Co., Ltd. (hereinafter referred to as “SPS”) entered into a research agreement between the non-party company E, the research period from March 12, 2012 to July 31, 2012, the research cost of the non-party company E, the research cost of KRW 70 million, and the research cost of the person in charge of research as the Plaintiff (hereinafter referred to as “the research agreement of this case”).

On June 2012, the Board of Audit and Inspection requested the Defendant to take a disciplinary measure of suspension from office against the Plaintiff on February 13, 2015, on the ground that the Plaintiff requested F of the Non-Party Company to provide money and valuables in the name of its activity expenses and received KRW 4 million from F.

On March 5, 2015, the Defendant requested the Chairperson of the General Disciplinary Committee on Public Educational Officials at B University to make a resolution on disciplinary action against the Plaintiff and the imposition of disciplinary surcharge. On March 12, 2015, the said Disciplinary Committee held a meeting on March 12, 2015, decided to impose KRW 2 months of suspension from office and KRW 8 million of disciplinary surcharge

On March 18, 2015, the Defendant issued a disciplinary measure of two months from suspension from office and eight million won of disciplinary surcharge (hereinafter “instant measure”) on the ground that the Plaintiff committed the following misconduct (hereinafter “instant misconduct”) against the Plaintiff, and that the Plaintiff violated Articles 56 and 61 (Duty of Good Faith) of the State Public Officials Act.

The plaintiff is a non-permanent port member of the third port committee of Busan Port Corporation, and the selection evaluation member of the company behind the new port logistics complex.

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