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(영문) 부산고등법원(창원) 2020.08.19 2019누12008
강등처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons why the court shall explain concerning this case are stated in the reasoning of the judgment of the court of first instance, except for modification, deletion, or addition as stated in paragraph (2).

Therefore, based on Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act, it is quoted.

2. A part concerning the correction, deletion and addition of the judgment of the first instance;

(a) modify “ May 10, 2017.” of the third 6th 6 parallels to “ May 5, 2017,” and modify “295,” of the 14 parallels in the text box to “495,” respectively.

(b) The fifth letter box " May 10, 2017" shall be amended to " May 5, 2017" and the fifth letter box "in accordance with subparagraph 6 of Article 8-3 of the former Free Economic Zone Act" shall be deleted.

(c) revise “Fund Management Understanding” in the sixth box of the 10th letter box to “Fund Management Bank” and delete “M” in the second box below.

The 15th 10 parallel "(5)" shall be amended to "6)", "16 parallel(6)" to "7)", and "20 parallel(7)" to "8)", respectively.

(e) add “Pronouncement” in front of “2019 Highest 163” in the last sentence of 17 pages;

(f) modify “this Court” of the 18th five pages to “court of the first instance”;

(g) modify “ May 10, 2017.” of 22 pages 16 to “ May 5, 2017.”

(h) modify the 23th parallel 4 to 7th parallels as follows, and modify the "reasons for Disciplinary Action" in the 8th parallel to the "reasons".

If a disciplinary action is imposed on a person subject to disciplinary action who is a public official due to the grounds for disciplinary action, the misconduct for which the period of prescription has expired can be considered in the disciplinary action, and the records of the disciplinary action of the person subject to disciplinary action can also be considered

(See Supreme Court Decision 2012Du11966 Decided May 16, 2014).

The grounds for the first disciplinary action of this case are as follows, the head of the State Department shall modify the 19th "head of the State Department", and the first "the grounds for the last action" of the 24th 6th 7th e.g. shall be modified from "(b)" to "the grounds for the first action."

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