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(영문) 부산고등법원 2017.09.20 2017누22213
감봉처분취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

The reasoning of the judgment of the court of first instance cited this case is as follows, except for adding the following judgments as to the plaintiff's supplemental argument, and thus, it is identical to the entry in the reasoning of the judgment of the court of first instance. Thus, this case is cited in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence

Whether a certain act of a disciplinary action is subject to grounds for disciplinary action or not must be determined by the disciplinary committee, etc. through specific data, and the grounds for disciplinary action specified in the resolution or written disciplinary action are not limited to the grounds for disciplinary action (see, e.g., Supreme Court Decision 95Nu15742, Sept. 20, 196). In addition, if it is sufficient to recognize the validity of the disciplinary action even if some of the various grounds for disciplinary action are not recognized, the disciplinary action is not illegal even if there are some other grounds for disciplinary action.

(see, e.g., Supreme Court Decision 2011Da41420, Nov. 27, 2014). In this case, the Defendant’s Disciplinary Committee considered the grounds for the instant disposition as grounds for disciplinary action.

Among them, the instant disposition grounds ① is a verbal violence against C at the same time and an act that damages the public official’s dignity, ② the instant disposition grounds, ② the instant disposition grounds, and ③ the act that is difficult to view it as a verbal violence or sexual harassment against E, and constitutes an act that damages the public official’s dignity.

On the other hand, the criteria for the determination of disciplinary action by the defendant are several types of disciplinary action against the violation of the duty to maintain dignity, and stipulate that the criteria for the determination of disciplinary action by the defendant shall be subject to the "salary reduction" in the case where the degree of flight is serious, transitional, or the degree of flight is serious and transitional.

In full view of all these circumstances, the Defendant’s grounds for the instant disposition, ii) and iii) are the Defendant.

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