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(영문) 서울행정법원 2020.10.29 2020구합54838
부당해고구제재심판정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.

Reasons

. Three or less internal members appointed from among them and four or less external members;

(Supplementary Action) In any of the following cases under Article 52 (Disciplinary Action omitted), disciplinary action shall be taken after deliberation by the personnel committee:

1. Where he/she violates matters to be observed under Acts, subordinate statutes and provisions; 2. Matters necessary for the standards for disciplinary action on employees and disciplinary procedures when he/she violates or neglects his/her duties;

Article 36 (Criteria for Discipline) (1) of the Enforcement Rule of the Personnel Management Regulations (Standards for Disciplinary Action)

Article 39 (Special Cases for Application) (1) Where a person for whom a resolution on disciplinary action is requested falls under any of the following subparagraphs, the personnel committee may reduce the disciplinary action:

1. Official commendationss in attached Table 3* or in cases of meritorious deeds awarded with orders, including general official commendation*;

(4) Notwithstanding paragraph (1), an act of corruption, such as accepting money and valuables, accepting entertainment, embezzlement and misappropriation of public funds, and an act of drinking, sexual assault, sexual traffic, sexual harassment, or employment allowance shall not be mitigated.

[Attachment 4] If the degree of misconduct in the criteria for disciplinary action is severe and intentional, the degree of misconduct is severe, gross negligence, or if the degree of misconduct is weak and intentional, the degree of misconduct is serious, and if the degree of misconduct is weak and the degree of misconduct is weak and the degree of misconduct is weak and the degree of misconduct is poor and it is bad.

다. 부작위ㆍ직무태만(라목에 따른 소극행정은 제외한다)† 파면 해임 강등-정직 감봉-견책

라. 소극행정‡ 파면 파면-해임 강등-정직 감봉-견책 † ‘부작위’란 직원이 상당한 기간 내에 이행해야 할 직무상 의무가 있는데도 이를 이행하지 아니하는 것을 말한다.

‡ ‘소극행정’이란 직원의...

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