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(영문) 춘천지방법원 2020.06.09 2019구합51978

감급처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 1, 2019, the Plaintiff was employed as a counselor specializing in military life and served under the Army Support Headquarters B and C pursuant to Article 41 of the Framework Act on the Status and Service of Military Personnel, Article 32 of the Enforcement Decree of the same Act, and instructions on the operation of counselors specializing in military life.

The defendant is a country to which the affairs of the Army Support Commander belongs.

B. On May 3, 2019, the Plaintiff provided a group consultation with 11 military executives at the Grand Party among the C Headquarters, and during that process, the Plaintiff made a statement to the victim of sexual harassment (hereinafter “victim”) on the following grounds:

(hereinafter “instant remarks”). C.

On July 2, 2019, an open Army Support Headquarters Disciplinary Committee of the Army established on July 2, 2019 passed a resolution of disciplinary action for March of the reduction level. On July 3, 2019, the head of the Army Support Headquarters of the Army rendered a disciplinary action for March of the reduction level (hereinafter “instant disciplinary action”) against the Plaintiff on the ground that he/she breached his/her duty to maintain dignity under Article 28 (Disciplinary Action, etc.) of the Directive on the Operation of Counseling Officers Specializing in Military Life.

The specific details are as follows:

- head of 1 Military Support Headquarters on July 3, 2019, the plaintiff (Omission) at the reduction rate of March 3, 2019.

1. Breach of duty to maintain the sound life of disciplinary action (sexual assault, etc.);

2. The Plaintiff is a person who is working as a counselor specializing in military life at the 1st military support headquarters C from January 1, 2019 to the present date.

On May 3, 2019, the Plaintiff responded to the method of collective consultation with the 11st executive members of the Grand Party of the Republic of Korea in the process of taking part in the group counseling for the 11st executive members of the Grand Party of the Republic of Korea (YO). In response to the victim’s answer to the method of resolving stress, “I am married, I am off, I am you see that I am you would have ever come to the marriage,” and “I am you am off if I have come to be married to the marriage, I am you would have to be removed from the “I am???????????????????????????????????