1. The Defendant’s removal disposition against the Plaintiff on July 16, 2018 shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Details of the disposition

A. The Plaintiff was appointed as a customs secretary on March 1, 1992, and was promoted to the Korea Customs Service on or around December 201, 201. From February 2012, the Plaintiff served in the Korea Customs Service B Customs Investigation Division, and was a special judicial police officer in charge of investigation of violation of the Customs Act, control of illegal import smuggling, consignment storage of seized goods, public auction, etc.

B. On July 16, 2018, the Defendant, following the resolution of the General Disciplinary Committee of the Korea Customs Service, issued a disposition to dismiss the Plaintiff and impose disciplinary surcharges (three times the amount received) pursuant to Article 78(1)1 of the State Public Officials Act on the ground that the Plaintiff violated Article 61(1) of the State Public Officials Act as stated in the summary of the grounds for disciplinary action as follows.

The Bank of Bankruptcy Co., Ltd. (hereinafter referred to as the "C") (hereinafter referred to as the "Disciplinary Reason No. 1") is an enterprise that imports pelpellets in Nam Nam, and supplies it to the domestic chemical power plant.

Around March 1, 2015, the Plaintiff received entertainment equivalent to KRW 205,070 at the market price, such as alcoholic beverages, from the restaurant located in the Gangnam-gu Seoul Metropolitan Government, from C’s vice president D on March 1, 2015. On February 8, 2016, immediately after the Plaintiff finished internal investigation against C’s above suspicion, the Plaintiff received Korea gift sets worth KRW 256,00 at the market price at the Plaintiff’s residence on February 8, 2016.

The Plaintiff received entertainment from D as above and received the vice president of D with respect to the suspected illegal revenue (violation of the Customs Duties Act) of wood pellets, thereby making an illegal and unjust disposition after accepting entertainment.

C. The Plaintiff filed a petition for review on the removal from office.

On November 13, 2018, the Ministry of Personnel Management recognized both grounds for disciplinary action No. 1 and No. 2 on November 13, 2018, and recognized the fact that the plaintiff performed his/her business in return for giving and receiving entertainment, and the court sentenced the plaintiff to be retired from office.