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(영문) 부산지방법원 2017.09.15 2017구합21716

정직처분취소

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. On March 1, 2015, the Plaintiff was assigned to a school-grade officer (53) and served as the manager of the 53 group B B group from June 25, 2015 to February 25, 2016, and was discharged from a position on February 26, 2016.

B. On January 13, 2017, the Defendant issued a disciplinary measure against the Plaintiff under Article 56 of the Military Personnel Management Act on the ground that the Plaintiff’s grounds for disciplinary action (hereinafter “the instant grounds for disciplinary action”) constituted a violation of Articles 7 (Duty to Maintain Dignity), 9 (Duty to Maintain Dignity), 12 (Duty to Maintain Dignity), and 23 (Duty to Maintain Dignity) of the Military Service Rule.

(1) On January 6, 2016, in accordance with the order of a superior unit issued after the success of North Korea’s nuclear experiment on January 6, 2016, each item of the grounds for disciplinary action (hereinafter referred to as “the grounds for disciplinary action”), the association controlled drinking once drinking, by issuing a “guidelines on the establishment of work discipline and the operation of military units related to the present situation” on January 8, 2016, and allowed the association to refrain from taking excessive drinking so that the “guidelines on the coordination of the operation of military units related to the present situation” can be avoided.

Nevertheless, on February 19, 2016, from 20:00 to 01:25 of the following day, the Plaintiff: (a) three persons other than the Captain B, Captain C, Jin Jin E, and joint F officers of the DJ, who are directly superior officers of the B, and the B, who are directly superior officers of the B, and were in charge of the B, are divided into three and eight so-called so-called so-called absing-called one disease; (b) E and G were home home, and (c) from 01:45 on February 20, 2016 to 03:05 on the same day, the Plaintiff failed to comply with the higher order by re-divisioning one disease of the so-called one week from 01:45 on February 20, 2016 to 03:05 on drinking alcohol.

2. Breach of duty to maintain dignity (other) - Breach of duty to maintain dignity due to excessive drinking.

A. From around 20:00 on November 6, 2015 to 02:00 on the following day, the Plaintiff is a middle-time sergeant between the Minister of Ha, I, and J in Busan Shipping Daegu located in Busan Metropolitan City, the mid-term commander, the head of the tactical Police Team, and the head of the command and operation team, and the head of the police station and the head of the command and operation team.