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I won a lawsuit filed by a ward office official who was fired after he tricked his uncle into his father to collect alimony from his colleagues and residents, saying, "Please cancel the disciplinary action."
According to the legal community today (3rd), the 8th Administrative Division of the Seoul Administrative Court (Judge Lee Jeong-hee) recently ruled in favor of the plaintiff in a lawsuit filed by a former public official A against his ward office, 'cancellation of the disposition of dismissal and disciplinary surcharges'.
Mr. A, who worked at a community center in Han-dong, Seoul, posted an obituary of his father on an internal employee bulletin board in January last year.
Due to the unfortunate news, former and current colleagues of Mr. A paid an alimony, and some directly visited the mortuary set up in the province to pay their respects.
In addition, Mr. A received a subsidy by notifying the local residents he knew.
In this way, the total amount of deposits alone amounted to 24.79 million won.
However, after the fact that Mr. A's obituary was not his father's, but rather an injury to his suk, it was later revealed that there was a controversy.
In the end, the Seoul personnel committee fired Mr. A in August of the same year and imposed a disciplinary penalty of 74.37 million won.
However, in April of this year, Mr. A filed a lawsuit with the court to "cancel the disciplinary action."
During the trial, he protested, "It is true that I behaved inappropriately, but the discipline is too harsh."
In response, the court accepted Mr. A's argument and canceled the disciplinary action, saying, "The disposition of dismissal that inflicts additional economic and status disadvantages beyond the deprivation of the public official's status is too heavy."
"It is true that Mr. A's actions are wrong, but there are circumstances to consider, such as Mr. A paying for his uncle's funeral expenses."
In addition, he added that there was a mistake in not reflecting the condolence money returned by Mr. A in the calculation of the disciplinary surcharge.
Earlier, in addition to this disciplinary action, it was reported that Mr. A was accused of fraud by the ward office and is being tried in the first trial at the Seoul Eastern District Court.
On the other hand, according to Article 33 of the National Public Officials Act and Article 55 of the Enforcement Decree of the Public Officials Pension Act, dismissal and dismissal are the same in that they forcibly 'deprive' of public officials' status as a result of severe disciplinary action, but in terms of 'disadvantages', dismissal is judged to be a heavier punishment than dismissal. are receiving
According to the current law, 'dismissal' does not reduce the pension and 'dismissal' does not reduce the pension and restricts the appointment of public officials for the next three years, whereas 'dismissal' does not reduce the pension for the next three years.