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(영문) 인천지방법원 2019.04.12 2018구합53478
감봉처분취소
Text

1. The Defendant’s disposition of disciplinary surcharge imposed against the Plaintiff on May 1, 2018, exceeding KRW 332,390, shall be revoked.

Reasons

1. Details of the disposition;

A. The plaintiff is appointed as a local public official on March 2, 1992 and served as a local administrative assistant in Michuhol-gu Incheon Metropolitan City.

B. The Defendant demanded a resolution of “ordinary disciplinary action” against the Plaintiff to the Jung-gu Incheon Metropolitan City Personnel Committee on grounds of the Plaintiff’s unfair receipt of excess work allowances, etc., and the said Committee acknowledged the suspicion for which the resolution was requested on April 25, 2018, but did not question the second ground for disciplinary action on the grounds that the case was minor.

In accordance with the above resolution, the defendant decided to take disciplinary action against the plaintiff, "one month of salary reduction, 348,600 won for disciplinary action," and according to the above resolution, on May 1, 2018, the defendant issued a disposition of KRW 348,600 for the reduction of salary and disciplinary action surcharge pursuant to Articles 69 (1) 1 and 69-2 (1) of the Local Public Officials Act on the ground that the plaintiff violated the duty of good faith provided for in Articles 48 and 49 of the Local Public Officials Act and the duty of obeying punishment.

(1) The Plaintiff, from August 21, 2015 to March 4, 2018, worked at the Nam-gu Incheon Metropolitan City Cdong community service center as a result of a specific audit for overtime work in 2017, 16 cases, 23 cases in total (6 cases, partial recognition, 17 cases, and 17 cases) in excess of 1,875 minutes (31:5 minutes) in excess of 1,875 minutes (31:15 minutes) in excess of 31,730 won in excess of 1,875 minutes (31 hours and 15 minutes) in excess of 2017.

2. Equitable work (Violation of Article 48 of the Local Public Officials Act) is conducted by the Plaintiff from January 4, 2016 to December 31, 2017.

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