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(영문) 의정부지방법원 2020.11.05 2020구합10581

견책처분무효확인

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. From February 19, 2009 to February 19, 2010, the Plaintiff served as a Army Master, as an administrative distribution officer, at the Class B B of the Class 9 Military Service (hereinafter “B”) Company C from February 19, 2010.

B. At the beginning of 2010, the first class noncommissioned Officer, who was on duty in the above military unit, did not leave the military unit without permission. In this regard, the second class noncommissioned Director B, who was in charge of the investigation, investigated relevant facts as a person in charge of the investigation of disciplinary action, and made a report on the results of investigation (Evidence B) on May 19, 2010 and reported it to the Defendant.

The report on the results of fact-finding is that the person in charge of the investigation requests the plaintiff to make a disciplinary resolution for the reason of the violation of the duty of good faith(duty) as follows.

The plaintiff is a person who worked as the C Heavy Support Center commander from February 19, 2009 to February 19, 2010, and as a C Heavy Administrative Dissemination Officer, he/she should manage at a three-dimensional level to the C Heavy Noncommissioned Officer, and actively take measures by collecting difficulties and suggestions, but it is not implemented so that three of the C Heavy Noncommissioned Officers is neglected without permission.

C. In a written resolution of disciplinary action against the Plaintiff (No. 3), a written resolution of disciplinary action (No. 3) by the Bnd Disciplinary Committee (hereinafter “instant disciplinary committee”), which was held by the Council on May 19, 2010, the Plaintiff was present at the Bnd Command and Control Office, and the said D reads and explains the facts subject to disciplinary action to the secretary of the disciplinary committee, and the chairman and four members deliberated on the facts subject to disciplinary action and stated that there was a resolution of reprimand due to 1/3 of the last three days and 4 of the reprimand.

The above disciplinary resolution record is signed by the chairperson and all members.

Accordingly, the Defendant took disciplinary action against the Plaintiff on the same day (hereinafter “instant disposition”). D.

On the same day, the plaintiff himself is subject to the disciplinary committee's failure to perform his duties.