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(영문) 수원지방법원 2016.10.27 2016구합62321
해임처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. After being appointed as a patrol officer on August 4, 1990, the Plaintiff was promoted to the police officer on June 30, 2006, and thereafter served as the three team leader of the B police station from February 18, 2013 to June 24, 2015.

The plaintiff shall work as the team leader of the B police station's strong 3 team;

1. On January 27, 2014, at the coffee shop between “D” in C on January 27, 2014, E met E, or thereafter, the person F and G (F and G) operating the gambling site (hereinafter “instant illegal gambling site”). They were detained by the Cyber Investigation Team. Upon receiving a solicitation to the effect that “the instant gambling case may be completed without any additional investigation on the seized passbook and cash card” (hereinafter “case”), the said gambling case was referred to as “case”);

2. E consented to the purport that “A police officer (H) who works together in a lecture team has been working for the lecture team, who is aware of the status of an investigation and fails to trace an additional account; and

3. After the case transmission around January 29, 2014, in the B police station parking lot, money and valuables were received from public officials regarding the public official’s duties, such as receiving a sum of KRW 2 million in cash and KRW 5 million in check 3 copies, in return for the above solicitation, from E in return for the above solicitation at the International Police Station’s intelligence criminal investigation team in the B police station parking lot.

B. On July 21, 2015, on the grounds that the Plaintiff violated Article 61 (Duty of Integrity) of the State Public Officials Act due to grounds for disciplinary action as follows (hereinafter “instant grounds for disciplinary action”), the Defendant issued a disposition of dismissal and disciplinary surcharge of KRW 5 million against the Plaintiff pursuant to Article 78 (1) 1 and 2 of the State Public Officials Act (hereinafter “instant disposition”).

C. The Plaintiff appealed and filed a petition review on August 17, 2015, but the Ministry of Personnel Management decided to dismiss the petition on December 30, 2015. D.

On the other hand, in relation to this, the plaintiff takes advantage of his status to arrange matters belonging to other public officials' duties.

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