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(영문) 춘천지방법원 2018.04.10 2017구합51356

감봉처분취소

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. From October 12, 2015 to December 22, 2016, the Plaintiff served as a vehicle repair supervisor, and from December 23, 2016 to a telecommunications general equipment maintenance control officer (a commercial).

B. On February 21, 2017, the Defendant imposed a disciplinary measure for salary reduction for three months pursuant to Article 56 of the Military Personnel Management Act on the Plaintiff on the following grounds:

1. In accordance with Article 21 of the Framework Act on the Status and Service of Military Personnel, a soldier shall faithfully perform his/her duties without avoiding any risk and responsibility arising from the performance of his/her duties;

Nevertheless, from April 2016 to September 2016, the Plaintiff improved several houses whose number of houses is unknown, such as replacing balkes or exchanging balkes by using the affiliated munitions, in the balkes located in Yang-gu, Yangwon-gun C.

As such, the Plaintiff violated the duty of good faith by privately and unlawfully using the munitions.

(hereinafter “Grounds for Disposition 1”. 2. A soldier may not abuse his/her authority under Article 26 of the Framework Act on the Status and Service of Soldiers due to abuse of his/her duty on 2.2. A soldier may not abuse his/her authority. Pursuant to Article 36(4) of the same Act, his/her superior is not related to his/her duties, or is in violation of laws and regulations or orders of his/her superior’s duties, or may not order his/her own authority or other matters. Pursuant to Article 52(1) of the Military Life Regulations of the Army, a soldier may not grant his/her duties or

Nevertheless, the Plaintiff:

A. From April 2016 to December 12, 2016, in lieu of part of the interview work to be performed by the victim E and the victim E, the victim’s staff member E, and the victim’s staff member D, and the result of the interview are to be entered into the joint and several integrated administrative system.