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(영문) 수원지방법원 2020.08.13 2019구합73551
정직처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On April 1, 2006, the Plaintiff served as a local administrative secretary in Ulsan-gu Seoul Metropolitan City, and served in Gyeonggi-do division from October 7, 2016 to August 6, 2018, and served in Gyeonggi-do division from August 7, 2018.

B. On April 30, 2019, the defendant, at the Gyeonggi-do Personnel Committee, was absent from office without any special reason on June 27, 2018, October 31, 2018, November 1, 2018, and April 2, 2019. The defendant suspended from office on several occasions from office from October 2, 2018 to March 2, 2019. Since there is a fact that the head of the team has an inferior working attitude (hereinafter “instant disciplinary cause”), the defendant requested a resolution of heavy disciplinary action on the ground that the violation of Articles 48 and 50 of the Local Public Officials Act constitutes Article 69 (1) of the same Act, and the Gyeonggi-do Personnel Committee decided to suspend from office on May 22, 2019.

C. On June 11, 2019, the Defendant issued a disposition of suspension from office for one month to the Plaintiff.

(hereinafter “instant disposition”) D.

The Plaintiff dissatisfied with the instant disposition and filed an appeal review with the Gyeonggi-do Review Committee, but the Gyeonggi-do Review Committee dismissed the appeal review on August 12, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 4, the purport of whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion of this case should be revoked on the grounds that the disposition of this case is unlawful on the following grounds.

(1) Non-existence of the grounds for disciplinary action: (a) on October 31, 2018 and November 1, 2018, the absence without permission (hereinafter “instant absence without permission”) was issued a medical certificate that the absence without permission would have been subject to treatment on October 31, 2018; and (b) on October 2, 2018, each of them was sufficiently notified by text messages as the number of hands-ons at the beginning of his/her service; and (c) on November 2, 2018, the unauthorized Retirement Office sent to work with a medical certificate and provided the sick leave.

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