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(영문) 서울행정법원 2016.01.21 2015구합75084

견책처분무효확인의 소

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. The Plaintiff is a Class 5 civilian military employee belonging to the Information Headquarters No. 3 Information and Communications Headquarters.

B. On April 3, 2014, at around 15:00 a.m., the third Information Brigade Disciplinary Committee (hereinafter “instant Disciplinary Committee”) decided to impose a reprimand against the Plaintiff on the ground of the disciplinary ground that “the Plaintiff’s face on April 3, 2014 is 1:0 p.m., and the police officer “at least 3:0 p.m., f., whether he or she becomes a f.m., national public official,” and insulting him.” The Defendant notified the Plaintiff on September 30, 2014

(hereinafter “Disposition in this case”). / [Ground of recognition] The fact that there is no dispute, Gap’s evidence Nos. 1, 11, and Eul’s evidence No. 1, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) Article 34 subparag. 2(c) of the Regulations on the Law of the Law of the Law of the Information Headquarters delegates the composition of the Military Employees Disciplinary Committee to the Regulations of the Information Headquarters, and the Regulations of the Information Headquarters established under the jurisdiction of the Deliberation Committee stipulate that if the subject of disciplinary action is Class-V or higher, the general officer shall be the chairperson of the disciplinary committee and the members of the disciplinary committee shall be two or more members of the disciplinary committee. However, the instant disciplinary committee for disciplinary action against the Plaintiff, who is a Class-V civilian military employee, is not the general officer, the chairman of the committee, and the member of the committee, who is not the first class-V civilian military employee, the second class E, the second class F, and the second class G, which are not the superior class-V, is in violation of the Regulations of the Information Headquarters Deliberation Committee, and the defect of the instant disposition is significant and apparent. < Amended by Presidential Decree No. 20100, Mar. 2, 2008>

(b) Disciplinary action against civilian personnel in the military service and disciplinary action surcharges under related statutes;