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The judgment below is reversed and the case is remanded to Seoul High Court.
Reasons
The grounds of appeal are examined.
1. On February 20, 2012, the Defendant took a disciplinary measure against the Plaintiff for one month of suspension from office against the Plaintiff on the ground that “The Plaintiff, as the Director-General of the C Post Office, used the sum of KRW 34,665,630,00 (hereinafter “instant fee”) received by the Plaintiff to the deposit account of the said post office only for the purpose of performing the duties of the said post office, but such a disciplinary measure was taken against the Plaintiff on February 20, 2012, on the ground that “The Plaintiff arbitrarily transferred the instant fee to D’s deposit account, which is a designee under the Special Post Offices Act.”
Accordingly, the Plaintiff did not limit the use of the instant fee as above, and the Plaintiff actually used part of the instant fee for the purpose of performing its duties and returned the remainder from D. Thus, the Plaintiff asserted that the act of transferring the instant fee to D’s deposit account does not constitute grounds for disciplinary action and sought revocation of the instant disposition.
For the reasons indicated in its holding, the lower court determined that the instant fee was a public fund that should be used only for the purpose of performing the duties of the C Post Office, and that the Plaintiff, the head of the post office, has a duty to keep and manage it, and that the transfer of the instant fee to D’s deposit account so that D could be arbitrarily used constitutes an act that disturbs
2. However, the lower court’s determination is difficult to accept for the following reasons.
Article 13 of the former Special Post Offices Act (amended by Act No. 11690, Mar. 23, 2013) provides that “The Minister of Knowledge Economy may pay fees and administrative expenses necessary for the performance of the duties of a special post office or deliver goods.” The authority of the Minister of Knowledge Economy related to the said duties is delegated to the application form by Presidential Decree. The authority of the Minister of Knowledge Economy was delegated to the application form for the form of a special post office. The former Enforcement Rule of the Special Post Offices