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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Facts of recognition;
A. The Plaintiff, as a public official belonging to the Jeju-si, worked in B Library from November 2013 to August 2014, and thereafter in C Library, respectively.
B. The planning and audit and inspection department under the Jeju Mayor deemed that the Plaintiff unfairly received overtime work allowances in such a way as to recognize the sending and leaving place of work as if the Plaintiff had worked more than the actual overtime hours, and accordingly, Defendant 1’s personnel committee requested a heavy disciplinary resolution against the Plaintiff.
C. On September 11, 2015, Defendant 1’s personnel committee decided to take a one-month disciplinary measure against the Plaintiff, and on October 5, 2015, the Jeju Mayor issued a one-month salary reduction disposition in accordance with Articles 48 and 69(1) of the Local Public Officials Act (hereinafter “instant salary reduction disposition”).
On May 9, 2016, the Plaintiff filed a lawsuit against the Jeju Mayor seeking the revocation of the instant salary reduction disposition ( Jeju District Court Decision 2016Guhap210), but the said court rendered a judgment dismissing the Plaintiff’s claim on May 10, 2017, on the ground that “It is difficult to conclude that the Plaintiff unduly received overtime work allowances for 194 hours, or that the Plaintiff voluntarily received overtime work allowances for 82 hours,” and it is recognized that the Plaintiff breached the duty of good faith as a local public official, and thus, it is difficult to deem that the instant salary reduction disposition was abuse of discretion.” The said judgment became final and conclusive around that time.
E. Around September 15, 2017, Jeju Mayor imposed KRW 5,197,260 on the Plaintiff to return the amount of excess service allowance received and the additional dues.
(f) On November 10, 2017, the Plaintiff returned KRW 5,197,260 to the Defendant.
The Jeju Special Self-Governing Province shall be a local government in accordance with the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of