손해배상(기)
1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) C are dismissed.
2. The costs of lawsuit;
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. From December 27, 2012 to March 3, 2015, the Plaintiff served as the two major E group E group, and Defendant B served as the one major E group, from June 26, 2013 to June 30, 2015, and Defendant C served as the three major group register, together with the Plaintiff and Defendant B.
B. On February 28, 2015, the Defendants: (a) reported on February 28, 2015, to the said second-class commander that the Plaintiff habitually committed the Defendants, such as betata, harsh acts, verbal abuse, abusive language, and abusive language (hereinafter “instant report”).
C. Since then, following the procedure for verifying the facts by the head of the above EM personnel division, on March 4, 2015, the Plaintiff received a disposition to dismiss the Plaintiff from the head of the above EM group on the ground that the Plaintiff’s misconduct, such as assault in barracks, verbal abuse, abusive language, humiliation, personality cultivation and sexual harassment, constitutes a serious disturbance of military discipline.
Since then, the plaintiff shall conduct investigation in attached Form 2015Ra14 to the general military court of the above Drupture.
1. On February 24, 2016, the facts charged as described in the facts charged were prosecuted and a fine of KRW 3 million was sentenced by the above court on the grounds that all of the above facts charged were convicted.
However, on February 1, 2017, the appellate court (2016No93) reversed the judgment below and acquitted the Plaintiff on the ground that it is difficult to readily conclude that the aforementioned facts charged were proven beyond reasonable doubt solely with the evidence submitted, such as the statement by the Defendants, the victim, etc., on the grounds that the Plaintiff appealed from the judgment of the first instance court.
The prosecutor appealed against the above appellate judgment, but the Supreme Court (2017Do2748) dismissed the appeal on May 31, 2017.
E. Defendant B was present as a witness in the above general military court case 2015Ra14 and attached Form B
2. The Seoul East Eastern District Court was indicted by the Seoul Eastern District Court Decision 2018Ma286 that he/she made a false statement contrary to memory as described above, and on April 12, 2018, rendered a judgment of KRW 2 million from the above court (hereinafter “competence judgment”).