영창처분취소 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On April 22, 2014, the Plaintiff entered the 306 Supplementary Team and served in the Army BJ, and currently served in the CJ.
B. On February 5, 2015, the said D Disciplinary Committee (hereinafter “instant Disciplinary Committee”) rendered a 15-day disciplinary resolution against the Plaintiff on the grounds that the Plaintiff committed a sexually violated flight (hereinafter “instant disciplinary cause”) as follows.
On February 2, 2015, the Plaintiff appeared to have a serious corridor for smoking along with E on February 2, 2015. At around 20:30, the Plaintiff appeared to have a conversation between F and G soldiers at the fourth life group. Since the brush of G private soldiers is hard, the Plaintiff was able to change the brut of the body of the reporter and to exposure his sexual organ to the reporter’s sexual organ.
C. Accordingly, on February 6, 2015, the Defendant rendered the instant disposition against the Plaintiff for 15 days in Yeongdeungpo-gu.
On March 2, 2015, the Plaintiff appealed against the instant disposition and filed an appeal with the head of the 17th Military Service group at the Army, but was dismissed.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1) The procedural unlawful disciplinary committee did not issue a written notice of attendance to the Plaintiff three (3) days prior to the date the disciplinary committee held the disciplinary committee, but did not issue a written notice of attendance to the Plaintiff after the completion of the disciplinary committee, and had the Plaintiff sign it. The military advocate in charge of human rights issued a written notice of attendance within three (3) days after the receipt of a written notice of attendance within the date the disciplinary committee held the disciplinary committee.
In addition, the Chairperson H of the Disciplinary Committee did not attend the Disciplinary Committee and did not have authority, and the Disciplinary Committee was held on behalf of the I.
In addition, the defendant does not issue the written disciplinary action to the plaintiff.