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(영문) 의정부지방법원 2016.11.17 2015구합9860

징계처분취소

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 February 14, 2014, the Plaintiff served as a non-commissioned officer in charge of supply receipt, from the Department of B major Gun and B major Gun.

B. On June 1, 2015, the Defendant imposed a disciplinary action of ten days against the Plaintiff on the ground of the violation of the duty to obey (other orders), the violation of the duty to comply with statutes (e.g., insult and verbal violence), the violation of the duty to maintain dignity (i., the infringement of military supplies), the violation of the duty to maintain good faith (i.e., neglect of command and supervision), and other violation (hereinafter “instant disposition”). The main contents of the facts subject to disciplinary action are as follows.

1. A person subject to disciplinary action against breach of duty (other failure to follow; hereinafter referred to as "Disciplinary Grounds 1") shall:

A. From February 2014, in the process of taking over the duties of Class 3 (oil) and general equipment, “the Category 3 (oil) in the past is absolute.” There are many and complicated kinds of three (oil) days, so far as much as possible only in the facilities and environment, it is too much so far, and it is not absolute. Instead, the general equipment may vary.”

After that, the head of the Gun, who is the head of the department, denies the contents of the division of duties determined by the head of the division, on the ground that the person subject to disciplinary action, “I do not refuse to receive general equipment due to an influence of the general circumstances,” “I do not have to do so even if I want to guide general equipment.”

B. On April 16, 2015, around 14:00, the head of the Gun violated the duty to obey orders by the head of the Gun, by stating that “I would like to avoid his/her duties”, “I would like to be assigned to the Do distribution officer and be bad,” and “I would like to be assigned to the Do distribution officer without being assigned to the Do distribution officer,” and “I would not have to be assigned to the Do distribution officer, and the Do distribution officer should not be assigned to the Do distribution officer.”

2. Any other person subject to disciplinary action against breach of statutory obligation (other than a person subject to disciplinary action, hereinafter referred to as “Disciplinary Reason 2”);

A. From June 2014, around 2014, the Minister of Land, Transport and Maritime Affairs shall require a disease C to collect triney, etc.