1. The Defendant’s disciplinary action imposed on November 14, 2014 against the Plaintiff shall be revoked.

2. The plaintiff's remainder.

Details of the disposition

On January 18, 1983, the Plaintiff is a public official belonging to the Gangwon B, who is appointed as a Gangwon B local administrative clerk around January 18, 1983, and is working as a Gangwon B safety administrative autonomy and a local administrative officer as of the date of closing argument in this case.

On October 28, 2014, the Gangwon-do Personnel Committee made a resolution of dismissal and disciplinary surcharge of KRW 13.5 million (3 times the amount subject to disciplinary surcharge) against the Plaintiff on the ground that “the Plaintiff received KRW 4.5 million in total from C and D in connection with his/her duties,” and accordingly, on November 14, 2014, the Defendant imposed a disciplinary measure of KRW 13.5 million against the Plaintiff under Article 10 of the Local Public Officials Discipline and Appeal Regulations (hereinafter “instant measure”).

On February 9, 2015, the Plaintiff filed an appeal review with the Gangwon-do Local Appeals Review Committee, and the Gangwon-do Local Appeals Review Committee issued a decision that the Plaintiff’s claim is dismissed.

[Ground of recognition] Each statement of Gap evidence Nos. 1, 2, and 3, the fact that there is no dispute, and the plaintiff's assertion of the purport of the whole argument is that the plaintiff's acceptance of a total of KRW 4.5 million from C and D is a passive act that gives and receives money without business relationship, and the amount is not more than KRW 3 million but less than KRW 5 million, which constitutes a disciplinary ground such as reduction and reduction, etc., and thus, the disposition of this case must be revoked as an unlawful disposition that invalidated or abused the discretionary authority due to a serious apparent illegality.

Article 53(1), Article 69(1)1, and Article 69-2 of the Local Public Officials Act, Article 8(1) and Article 8-2(4) of the Local Public Officials Discipline and Appeal Regulations, Article 8(4) of the Rules on Disciplinary Action on Local Public Officials in Gangwon-do, Article 8(1) and Article 8-2(4) of the Rules on Disciplinary Action on Local Public Officials' Disciplinary Action on January 18, 1983, recognition of the criteria for disciplinary action in attached Table 1 of the Rules on Disciplinary Action on Local Public Officials' Disciplinary Action on or around February 7, 2007 is appointed as the Gangwon-do Local Administrative Secretary on or around February 7, 2007, to March 9, 2009, and (2).